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Did Court of Appeal Err by Finding Trial Court Would Not Have Imposed a Low Term Sentence Under Newly-Added Penal Code section 1170, Subdivision (b)(6)

Case Name: People v. Salazar (2022) 80 Cal.App.5th 453, review granted 10/12/2022
Case #: S275788/B309803
Last Updated: April 26, 2023

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.) (People v. Salazar (2022) 80 Cal.App.5th 453, review granted 10/12/2022 (S275788/B309803).)

Review on this issue has also been granted with briefing deferred in:

  • People v. Siackasorn (C094024) [nonpub. opn.], review granted 11/16/2022 (S276818)
  • 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. Cooper (C095245) [nonpub. opn.], review granted 12/28/2022 (S277431)
  • People v. Barocio, (B317635) [nonpub. opn.], review granted 1/11/2023 (S277577)
  • People v. Watkins (F080436) [nonpub. opn.], review granted 1/18/2023 (S277573)
  • People v. Ortez (B311885) [nonpub. opn.], review granted 3/1/2023 (S278072)
  • People v. Orellana (F082699) [nonpub. opn.], review granted 4/12/2023 (S278797)
  • People v. Wheeler (B314403) [nonpub. opn.], review granted 4/26/2023 (S279176)
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