People v. Gonzalez CA3

DISCUSSION

I Wende Review We appointed counsel to represent defendant on appeal. 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. Other than the sentencing issue that we discuss post, we have undertaken an examination of the entire record and find no arguable error that would result in a disposition more favorable to defendant. II Senate Bill No. 567 After he was sentenced on September 7, 2021, but while this appeal was pending, the Legislature passed and the Governor signed Senate Bill No. 567 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 731). Effective on January 1, 2022, that law amends section

3 1170, subdivision (b) to require the trial court to impose a sentence not to exceed the middle term unless the defendant has stipulated to the facts that would justify an upper term…