Sherman

DISCUSSION

I Sherman argues that the trial court erred by purportedly finding him ineligible for relief under the version of section 1170.91 in effect at the time of the trial court proceedings. In response, the People assert that Sherman is categorically ineligible for relief under the 2022 amendment to section 1170.91 that became effective on January 1, 2023. (Stats. 2022, ch. 721 (Sen. Bill 1209), § 1, eff. Jan. 1, 2023.) This is a question of statutory interpretation, which we review de novo. (People v. E.M. (2022) 85 Cal.App.5th 1075, 1082.) A. Section 1170.91 Section 1170.91 was enacted in 2014. The original statute merely required courts to consider as a mitigating factor for determinate sentencing certain specified qualifying conditions the defendant may be suffering as a result of his or her military service—sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems. (Former § 1170.91, added by Stats. 2014, ch. 163, § 2, eff. Jan. 1, 2015; People v. Stewart (2021) 66 Cal.App.5th 416, 422–423 (Stewart).) As amended, this sentencing provision is now contained in section 1170.91, subdivision (a). In 2018, the…