People v. Arthur CA3

DISCUSSION

Defendant argues Senate Bill No. 567’s modifications to section 1170 require remand for resentencing because the loss of his leg is physical trauma that could have contributed to the offense, requiring the trial court to impose the lower term. The People agree remand is appropriate to allow the trial court to reconsider defendant’s sentence in light of the new standards under Senate Bill No. 567.

2 At the time of defendant’s sentencing, section 1170 left the selection of the appropriate term in a triad “within the sound discretion of the court.” (Former § 1170, subd. (b).) On January 1, 2022, while this appeal was pending, Senate Bill No. 567 (2021-2022 Reg. Sess.) became effective and made several changes to section 1170. (Stats. 2021, ch. 731, § 1.3.) Relevant here, trial courts must now impose the lower term in a triad, unless contrary to the interests of justice, if certain circumstances were a contributing factor in the commission of the offense, including if the defendant “has experienced psychological, physical, or childhood trauma.” (§ 1170, subd. (b)(6)(A).) But trial courts still have the discretion to impose the lower term even if there is no evidence of…