People v. Alatorre CA4/3

Filed 2/3/22 P. v. Alatorre CA4/3

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, G059547

Plaintiff and Respondent, (Super. Ct. No. 20NF0719)

v. ORDER MODIFYING

OPINION AND DENYING

EDGAR FERNANDO ALATORRE PETITION FOR REHEARING;

NO CHANGE IN JUDGMENT

Defendant and Appellant.

The opinion filed on January 11, 2022, is hereby ordered modified as follows: On page 22, the Disposition is deleted, and a new Disposition is added that reads: “DISPOSITION Appellant’s sentence is reversed, and the matter is remanded to the trial court with directions to resentence appellant to a term no greater than his original sentence. Relevant to that resentencing, Senate Bill No. 567 (2021-2022 Reg. Sess.) made the middle term the presumptive sentence for a term of imprisonment unless certain circumstances exist (see Stats. 2021, ch. 731, § 1.3, adding § 1170, subd. (b)(1), (2)), and limited a trial court’s ability to impose an aggravated term of imprisonment absent the existence of specified conditions. (§…