People v. Rodriguez CA4/1

INTRODUCTION

Appellant Brandon Anthony Rodriguez pleaded no contest to one count of possession of more than 600 images of child pornography (Pen. Code, § 311.11, subd. (c)(1)) and was placed on supervised probation for two years pursuant to a negotiated plea agreement with a suspended upper-term

sentence of five years in state prison.1 After Rodriguez violated the terms of his probation, the trial court terminated his probation and imposed the suspended upper-term prison sentence. Between the date of the initial sentencing hearing and the probation revocation hearing, the Legislature enacted Senate Bill No. 567 (2020–2021 Reg. Sess.), effective January 1, 2022, which modified section 1170, subdivision (b), to limit courts’ discretion to impose the upper term for crimes with a sentencing triad. Rodriguez appeals his judgment of conviction and challenges the imposition of the upper-term sentence based on Senate Bill No. 567. He contends he is entitled to receive the ameliorative benefits of Senate Bill No. 567 and requests remand so that he may elect whether to pursue resentencing under the amended sentencing law. The Attorney General opposes Rodriguez’s request and argues remand…