People v. Gutierrez CA5

DISCUSSION

As stated above, the matter is before us after resentencing. The sentences on counts 2 and 3 were mandated by statute and provide no grounds for an appeal. The only possible issue in this appeal is the trial court’s decision to impose the aggravated sentence of 16 years on count 1. The trial court explained its decision on the record.

“You know, I went back and reviewed the facts of this case through the file and even though it had been quite some time since I worked with all of you in trying this case it’s remarkable how the specifics do come back, how recollection can be refreshed, and details of this particular case are just as disturbing now as they were when first presented in this courtroom.

“I did not specifically review my comments and findings in the original sentencing where I incorrectly imposed sentences in those three counts, but my recollection is that I had no disagreements with the analysis of circumstances in aggravation and mitigation as set forth in the original [probation report], that everything that I heard in this case led me to believe that the terms that the law provided for and the maximum were appropriate. I don’t see any reason to disagree…