People v. Fridley CA3

DISCUSSION

The parties agree Senate Bill No. 567 applies retroactively to defendant because defendant’s judgment was not final on January 1, 2022, when Senate Bill No. 567 became effective. (See § 1170, subd. (b), as amended by Stats. 2021, ch. 731, § 1.3.) Defendant contends the matter must be remanded for resentencing because the aggravating circumstances relied on by the trial court when imposing the upper term were not stipulated to by defendant, found true by a jury beyond a reasonable doubt, or

Undesignated section references are to the Penal Code.

2 contained in a certified record of conviction. We agree Senate Bill No. 567 applies retroactively but find remand unnecessary. I Senate Bill No. 567 Applies Retroactively Senate Bill No. 567 amended section 1170, subdivision (b), to provide that the trial court may impose the upper term only if the facts underlying the aggravating circumstances “have been stipulated to by the defendant, or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial.” (§ 1170, subd. (b)(2), as amended by Stats. 2021, ch. 731, § 1.3.) Under amended section 1170, subdivision (b)(3), a trial court…