People v. Vazquez CA3

DISCUSSION

Appointed counsel filed an opening brief that sets forth the facts and procedural history of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of his right to file a supplemental brief within 30 days from the date the opening brief was filed. More than 30 days have elapsed, and defendant has not filed a supplemental brief. Nonetheless, the parties have responded to our request for supplemental briefing. Having undertaken an examination of the entire record pursuant to Wende, we note the recent passage of Senate Bill No. 567 (2021-2022 Reg. Sess.), which altered the statutory scheme for selecting between triad terms under section 1170 subdivision (b). (Stats 2021, ch. 695, §§ 1.3, 2.) In light of this change and in accordance with the agreement of the parties that these changes apply retroactively to defendant’s nonfinal judgment (see, e.g., People v. McKenzie (2020) 9 Cal.5th 40, 51; People v. Stamps (2020) 9 Cal.5th 685, 699), we have determined that a limited remand to allow the trial court to exercise its new sentencing…