People v. Challe CA3

facts supporting aggravating circumstances have been stipulated to by the defendant, found true beyond a reasonable doubt by a trier of fact, or established by a certified record of conviction. We will vacate the sentence and remand for resentencing. In all other respects, we will affirm the judgment.

BACKGROUND

On July 7, 2021, defendant entered into a plea agreement in which she pleaded no contest to felony charges of vandalism (§ 594, subd. (b)(1)) and burglary (§ 459). She also admitted a violation of probation that had been granted after defendant was found guilty of illegal use of tear gas (§ 22810, subd. (g)(1)). Defendant also pleaded no contest to a number of misdemeanors. The trial court explained that defendant was agreeing to a four-year four-month lid, and she would be referred to both the Behavioral Health Court and the Addicted Offender Program to see if she qualified. If she was not accepted or she failed those programs, she would return to the trial court for sentencing, at which time the four-year four-month lid would be considered. Both programs considered defendant and rejected her. On January 13, 2022, defendant appeared for sentencing. The trial court…