People v. Bishop CA5

DISCUSSION

The Sentence Imposed at Resentencing Was Not an Abuse of Discretion “Regarding [Assembly Bill No.] 518 and Penal Code section 654, previously that section required an act or omission punishable in different ways by different laws to be punished under the law that provided for the longest potential term of imprisonment. [Assembly Bill No.] 518 amended Penal Code section 654 to afford sentencing courts the discretion to punish the act or omission under either provision.” (People v. Mani (2022) 74 Cal.App.5th 343, 351.) Thus, when Bishop was sentenced initially, section 654 required the trial court to impose the 25 years to life sentence for fatal assault on a child (count 2) as the principal term and stay the term of 15 years to life for second degree murder (count 1) under section 654, because the 25 years to life term was longer. At resentencing in August 2023, in light of the amendment to section 654, the trial court had the discretion to impose either term as the principal term. The trial court exercised its new discretion to sentence Bishop in the same manner as it had originally done. Bishop claims the trial court erred. We disagree and affirm. We review a trial…