People v. Wilson CA4/1

INTRODUCTION

Jamar Edward Wilson was serving a 22-year prison term for his convictions on two counts of voluntary manslaughter pursuant to his negotiated guilty plea. In 2023, the trial court vacated the convictions

pursuant to Penal Code1 section 1172.6 and redesignated them as two convictions for assault with a semiautomatic firearm. It then resentenced him to 11 years, selecting the upper term on one of the new convictions. Wilson contends the trial court erred and violated section 1170, subdivision (b)(2), by imposing the upper term without ordering a jury trial on the aggravating facts. We affirm. Section 1170, subdivision (b)(2), permits courts to rely on aggravating facts to which the defendant stipulated, a condition that was satisfied here because Wilson admitted in his plea agreement the aggravating facts the court used to impose the upper term.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2010, Wilson was charged in an information with two counts of murder (§ 187, subd. (a)), with allegations he committed the crimes for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)), he personally used a firearm causing great bodily injury or death (§ 12022.53, subd.…