People v. Poliquin CA3

DISCUSSION

I The trial court did not err in refusing to impose the low term under section 1170, subdivision (b)(6) Section 1170, subdivision (b) applies when the trial court imposes a judgment of imprisonment, and the statute specifies three possible terms, generally described as the upper, middle, and low terms. (§ 1170, subd. (b)(1).) The court must impose the low term if the defendant’s psychological, physical, or childhood trauma was a “contributing

2 To the extent defendant contends the trial court erred in imposing the upper term under section 1170, subdivision (b)(1) and (2), that contention is forfeited. Defendant did not make this argument before the trial court upon resentencing. The failure to object on this ground below forfeits his appellate challenge here. (People v. Garcia (2010) 185 Cal.App.4th 1203, 1218 [“ ‘Claims of error relating to sentences “which, though otherwise permitted by law, were imposed in a procedurally or factually flawed manner” are waived on appeal if not first raised in the trial court.’ ” (Italics omitted.)].) Thus, defendant’s associated argument that the trial court “failed to set forth on the record the facts and reasons for imposing…