People v. Moreno CA1/2

DISCUSSION

Since defendant was sentenced in 2021, the sentencing law has changed. Effective January 1, 2022, S.B. No. 567 amended Penal Code1 section 1170, so that an upper term may only be imposed in certain circumstances and the lower term is the presumed term in other circumstances. (§ 1170, subd. (b)(2) and (6).) Section 1170, subdivision (b)(2), now provides in relevant part, “The court may impose a sentence exceeding the middle term only when there are circumstances in aggravation of the crime that justify the imposition of a term of imprisonment exceeding the middle term, and the facts underlying those 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.” (Italics added.) Section 1170, subdivision (b)(6), now provides in relevant part, “unless the court finds that the aggravating circumstances outweigh the mitigating circumstances that imposition of the lower term would be contrary to the interests of justice, the court shall order imposition of the lower term if any of the following was a contributing factor in the commission of the offense: [¶] (A) The person has…