Did the Court of Appeal err by finding the record clearly indicates the trial court would not have imposed a low term sentence if it had been fully aware of its discretion under newly-added subdivision (b)(6) of Penal Code section 1170? (See People v. Gutierrez (2014) 58 Cal.4th 1354, 1391.)
Review on this issue has also been granted with briefing deferred in:
First District
- People v. Lopez (A164096) [nonpub. opn.], review granted 5/31/2023 (S279685)
Second District
- People v. Rodriguez (B316391) [nonpub. opn.], review granted 11/22/2022 (S276889)
- People v. Brasuell (B308124) [nonpub. opn.], review granted 11/30/2022 (S277048)
- People v. Barocio, (B317635) [nonpub. opn.], review granted 1/11/2023 (S277577)
- People v. Ortez (B311885) [nonpub. opn.], review granted 3/1/2023 (S278072)
- People v. Wheeler (B314403) [nonpub. opn.], review granted 4/26/2023 (S279176)
- People v. Johnson (B314999) [nonpub. opn.], review granted 6/14/2023 (S279871)
- People v. Fleming (B315836) [nonpub. opn.], review granted 7/12/2023 (S280148)
Third District
- People v. Siackasorn (C094024) [nonpub. opn.], review granted 11/16/2022 (S276818)
- People v. Cooper (C095245) [nonpub. opn.], review granted 12/28/2022 (S277431) (review dismissed 6/14/2023 at the request of the petitioner)
Fourth District
- People v. Yzararraz (D080924) [nonpub. opn.], review granted 6/28/2023 (S280178)
- People v. Gregg (G060803) [nonpub. opn.], review granted 8/9/2023 (S280799)
Fifth District
- People v. Watkins (F080436) [nonpub. opn.], review granted 1/18/2023 (S277573)
- People v. Orellana (F082699) [nonpub. opn.], review granted 4/12/2023 (S278797)
- People v. Brewer (F082631) [nonpub. opn.], review granted 7/26/2023 (S280503)
Sixth District
- People v. Johnson (H049257) [nonpub. opn.], review granted 10/11/2023 (S281697)
