People v. Wealth CA2/8

DISCUSSION

We agree with the parties the changes effected by Senate Bill 567 and Assembly Bill 124 apply retroactively to defendant’s case as they are ameliorative in nature and therefore apply to all nonfinal appeals. (People v. Brown (2012) 54 Cal.4th 314, 323 [discussing rule of In re Estrada (1965) 63 Cal.2d 740]; see also People v. Banner (2022) 77 Cal.App.5th 226, 240 [concluding

3 Assem. Bill 124 applies retroactively to all nonfinal appeals]; People v. Flores (2022) 73 Cal.App.5th 1032, 1038–1040 [concluding the same as to Sen. Bill 567].) Assembly Bill 124 and Senate Bill 567 made several fundamental changes to our determinate sentencing laws.) As relevant here, Assembly Bill 124 created a presumption in favor of a low term where the court finds the defendant “has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence” that contributed to the commission of the offense. (Stats. 2021, ch. 695, § 5.) Penal Code section 1170, subdivision (b)(6) now provides that “[n]otwithstanding paragraph (1), and unless the court finds that the aggravating circumstances outweigh the mitigating…