People v. Ortega CA5

DISCUSSION

As noted above, defendant’s counsel filed a Wende brief identifying no basis for relief and asking that we review the record to determine whether there were any arguable issues on appeal. Having carefully reviewed the entire record, we conclude that there is no arguable issue on appeal. (People v. Wende, supra, 25 Cal.3d at pp. 441–443.) We note that defendant was sentenced to an upper-term sentence although he did not admit and a jury did not find true any circumstances in aggravation, nor did the trial court find that circumstances in aggravation of the offenses justified a sentence exceeding the middle term. However, because the trial court did not have discretion to impose the lower, middle, or upper term under the negotiated plea agreement, the sentence did not

On November 30, 2015, defendant admitted a factual basis for his plea. Our factual summary is based on that admitted factual basis.

3. violate section 1170, subdivision (b) as modified by Senate Bill No. 567 (2021–2022 Reg. Sess.) (Senate Bill 567). Senate Bill 567 is retroactive to cases not yet final on appeal pursuant to In re Estrada (1965) 63 Cal.2d 740 (see People v. Flores (2022) 73…