People v. Casados CA4/1

INTRODUCTION

A jury convicted Jeremy Phillip Casados of voluntary manslaughter and the trial court sentenced him to the upper term of 11 years, plus an additional 10 years based on a firearm sentencing enhancement. Casados does not dispute the conviction, but asserts he is entitled to resentencing under the ameliorative sentencing provisions of recently-enacted Senate Bill No. 567 (2021–2022 Reg. Sess.) (Senate Bill 567). The Attorney General agrees the amended sentencing provisions apply retroactively. But he argues remand is not necessary because the trial court relied on the undisputed fact that Casados was on probation when he committed the crime, as one factor among many, in imposing the upper term. We disagree that Casados’s submission on the probation violation, for expediency in being sentenced to time served on that violation, amounted to a stipulation that it could be considered as an aggravating factor for the purpose of sentencing him to the upper term on the voluntary manslaughter charge under the new law. And, as the Attorney General concedes, it is not reasonably likely the jury would have found the remaining aggravating factors true, nor can we conclude that the…