People v. Bradley CA3

DISCUSSION

Defendant claims the trial court abused its discretion by failing to consider imposing the lower term under section 1170. According to defendant, the record shows that childhood trauma from sexual violence was a contributing factor to the kidnapping. The trial court was, therefore, obliged to comply with the provisions of section 1170, subdivision (b)(6)(A). As a threshold matter, we note—as both parties acknowledge—that defendant failed to ask the trial court to impose a lower term sentence pursuant to section 1170, subdivision (b)(6)(A). Defendant argues against forfeiture, claiming he did not have to raise the issue below because there was evidence in the record—his childhood trauma contributed to the commission of the offense—that triggered the lower term presumption under the statute. (Citing People v. Fredrickson (2023) 90 Cal.App.5th 984, 994, fn. 8 [“the defendant need not specifically request application of the lower term presumption if the record shows youth contributed to commission of the underlying offense”].) As we explain, there was no such evidence in this record. Defendant’s claim is therefore forfeited. (People v. Tilley (2023) 92 Cal.App.5th 772,…