People v. McDonald CA3

DISCUSSION

Defendant argues he is entitled to resentencing because of the changes made to section 1170, subdivision (b) by Senate Bill 567. According to defendant, the changes limit the trial court’s ability to impose more than the middle term unless a defendant stipulates to the aggravating circumstances, those circumstances have been found true beyond a reasonable doubt, or the court is relying on prior convictions based on a certified record of conviction. Because none of these circumstances are met here, defendant reasons he is entitled to resentencing under the amended statute.

Further undesignated statutory references are to the Penal Code. Defendant also pleaded guilty in a separate case that is not at issue in this appeal.

2 Senate Bill 567 amended section 1170, effective January 1, 2022. (Stats. 2021, ch. 731.) Under the amended version of section 1170, when a judgment of imprisonment is to be imposed and a statute specifies three possible terms, “the court shall, in its sound discretion, order imposition of a sentence not to exceed the middle term, except as otherwise provided in [section 1170, subdivision (b)(2)].” (§ 1170, subd. (b)(1).) Section 1170,…