People v. Tatum CA3

facts underlying each aggravating factor have been established by one of three prescribed methods. (Stats. 2021, ch. 731, § 1.3.)

1 Undesignated statutory references are to the Penal Code.

1 The parties agree on all three contentions asserted by defendant on appeal: (1) that the trial court’s imposition of an upper term sentence on the principal count does not satisfy the new requirements of section 1170, subdivision (b); (2) that the trial court did not properly specify the fines and penalty assessments it imposed; and (3) that the abstract of judgment incorrectly lists the code for one of defendant’s convictions. Because we agree with the parties on the first contention, we need not address the other two. We will vacate defendant’s sentence and remand for resentencing.

BACKGROUND

In two separate cases, defendant pleaded no contest to carrying a concealed dirk or dagger (case No. 20CF01690; § 21310) and possessing a controlled substance (case No. 20CF05128; Health & Saf. Code, §§ 11377, 11055, subd. (d)(2)). The trial court suspended imposition of sentence and placed defendant on probation. Four months later, defendant admitted violating the conditions of his probation in…