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Name: People v. Paiva
Case #: C098734
Opinion Date: 20250501
Attorney: Matt J. Watts
Summary

The Court of Appeal agreed with appellant that the court’s rejection of the lower term was based on the wrong legal standard. The trial court found that defendant’s trauma (1) did not greatly contribute to the offense or (2) did not contribute to the confrontation that preceded the offense, but neither is the standard under Penal Code section 1170, subdivision (b)(6). The standard is lower and requires determining whether the trauma was a “contributing factor.” The Court of Appeal could not say the record clearly indicates the trial court would have reached the same conclusion under the correct legal standard. A contributing factor is less than a greatly contributing factor or a factor that led to one component of the incident. The court vacated the sentence and remanded for a resentencing hearing.