People v. Conner CA3

DISCUSSION

Defendant contends he is entitled to resentencing in light of recent amendments to sections 1170 and 1170.1, which took effect two weeks after defendant filed his opening brief.2 Defendant also argues the trial court erred in imposing full, consecutive upper terms pursuant to section 667.6 because he was not convicted of multiple enumerated offenses involving the same victim on the same occasion, and alternatively, that he received ineffective assistance of counsel based on counsel’s failure to object to the

Defendant asserts he is entitled to the ameliorative benefits both of Senate Bill No. 567 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 731) (Senate Bill 567) and Assembly Bill No. 124 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 695, § 5.3) (Assembly Bill 124). Senate Bill 567 was enacted after Assembly Bill 124 and incorporated Assembly Bill 124’s amendments to section 1170. (Stats. 2021, ch. 731, § 3, subd. (c).) Senate Bill 567 takes precedence because it was enacted last. (Gov. Code, § 9605.) Thus, Senate Bill 567 is the operative legislation, not Assembly Bill 124, and we will address defendant’s claims as raised under that legislative enactment.

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