People v. Gutierrez CA3

BACKGROUND

Defendant pled guilty to a violation of section 211 and admitted a prior strike. The parties stipulated that the factual basis for the plea was stated in the probation report. The details of the crime are not relevant to this appeal. In brief, the victim told police he had an all-night party on the lawn in front of his house with defendant and others, and on the morning of June 20, 2020, defendant and another man assaulted the victim, took his keys, and stole two firearms from his house. Defendant was 22 years old at the time of the offense. On July 29, 2021, the trial court conducted a sentencing hearing. The court found that the circumstances in aggravation outweighed the circumstances in mitigation --

former was signed and chaptered last and contains a provision that the changes made by Assembly Bill No. 124 are incorporated in Senate Bill No. 567 if that bill is enacted last. (Stats. 2021, ch. 731, § 3; Gov. Code, § 9605, subd. (b); In re Thierry S. (1977) 19 Cal.3d 727, 738-739.)

2 indeed, the court found no mitigating factors -- and imposed the upper term. The court noted the following specific reasons for its choice of the upper term: “The crime involved great…