People v. Perez CA4/2

I. INTRODUCTION

This is the second appeal by defendant and appellant, Christopher Daniel Perez,

following resentencing. Defendant was convicted by a jury of eight offenses arising out

of three separate incidents of domestic violence. (People v. Perez (Dec. 4, 2020,

E073399 [nonpub. opn.]) (Perez I).) In Perez I, this court affirmed the judgment, but

remanded the matter for resentencing.

At resentencing, the trial court imposed the upper term on the principal offense but

failed to provide a statement of reasons in support of its decision to do so. Shortly after

defendant’s resentencing, Penal Code1 section 1170 was amended to prohibit a trial court

from imposing an upper term sentence unless there are aggravating circumstances, and

the defendant has either stipulated to the facts underlying those circumstances or those

facts were found true beyond a reasonable doubt. (§1170, subd. (b)(1)-(2); People v.

Flores (2022) 75 Cal.App.5th 495, 500.) Defendant again appeals, arguing that we

should again remand the matter for resentencing because “[t]he record does not make

clear what aggravating factors the trial court [relied] on to impose the upper term or

whether the…