People v. Wilson CA4/2

INTRODUCTION

Defendant and appellant Zebedee Wilson, Jr., appeals from the trial court’s

February 9, 2023 ruling on a petition revoking probation, which terminated his probation

and imposed the upper term of three years in state prison after defendant violated his

probation for a second time. The execution of the three-year sentence had previously

been suspended pursuant to a plea agreement.

However, after the plea agreement, effective January 1, 2022, Senate Bill No. 567

(Stats. 2021, ch. 731, § 1.3) (2021-2022 Reg. Sess.) became effective and altered the

circumstances under which the upper term could be imposed. Defendant now seeks

resentencing based on this change in law.

The People do not dispute the bill’s retroactivity. They instead argue that

defendant is not entitled to resentencing because he failed to raise the issue at the

February 9, 2023 hearing, despite the new law being in effect for over a year by that time;

and urge this court to adopt the position that Senate Bill No. 567 would, nonetheless, be

inapplicable to sentences imposed under stipulated plea agreements. We agree that

defendant has forfeited his claim and therefore affirm the trial court’s…