Berdoll

Filed 11/8/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B317129 (Super. Ct. No. 18F-08854) Plaintiff and Respondent, (San Luis Obispo County)

v.

CHRIS LYNN BERDOLL,

Defendant and Appellant.

While this criminal case was on appeal, there was a change in the law concerning a trial court’s sentencing discretion. We decide not to remand this case to the trial court. We rely on article VI, section 13 of the California Constitution. 1 It sets a standard for appellate courts to follow

Article VI, section 13 of the California Constitution reads:

“No judgment shall be set aside, or new trial granted, in any cause, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.” when reviewing decisions of lower courts. No alleged error here has…