SB 567 Upper Term

Name: People v. Falcon (2023) 92 Cal.App.5th 911
Case #: F083577
Court: CA Court of Appeal
Opinion Date: 06/26/2023
Subsequent History: Opn. modified 7/13/2023
  • Categories: Appeals, Review Principles, SB 567 Upper Term, Sentencing

Resentencing for noncompliance with revised Penal Code section 1170(b) is unwarranted only where the sentence remains legally valid under federal and state law, and the record clearly indicates the trial court would have imposed the upper term had it know…

View Full Summary
Name: People v. Achane (2023) 92 Cal.App.5th 1037
Case #: A165968
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 06/28/2023
  • Categories: Lower term under AB 124/SB 567, SB 567 Upper Term, Sentencing

Because defendant’s upper term sentence was not unauthorized and an objection to the sentence would not have been futile, defendant forfeited his request for resentencing under the recent amendments to Penal Code section 1170 by failing to raise the issues…

View Full Summary
Name: People v. Fox (2023) 90 Cal.App.5th 826
Case #: A165462
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 04/20/2023
  • Categories: Guilty Pleas, Plea Bargaining, Pleas, SB 567 Upper Term, Sentencing

Defendant who agreed to serve the upper term under a plea agreement is entitled to a remand to seek relief under Senate Bill No. 567 and the procedure set forth in People v. Stamps (2020) 9 Cal.5th 685 applies on…

View Full Summary
Name: People v. Butler (2023) 89 Cal.App.5th 953
Case #: E078235
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 03/28/2023
  • Categories: SB 567 Upper Term, Sentencing

In assessing whether error under Senate Bill No. 567 is prejudicial, the reviewing court must take a two-step approach, first applying Chapman and then Watson. In 2021, a trial court sentenced defendant to the upper term on one count of…

View Full Summary
Name: People v. Pantaleon (2023) 89 Cal.App.5th 932
Case #: C095843
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/21/2023
Subsequent History: Ordered published 3/28/2023
  • Categories: SB 567 Upper Term, Sentencing

After Senate Bill No. 567, the People are not required to plead aggravating factors relating to defendant’s prior convictions. Defendant was convicted of multiple sex crimes, and sentenced after the amendments by SB 567 went into effect. Defendant appealed, arguing…

View Full Summary
Name: People v. Bautista-Castanon (2023) 89 Cal.App.5th 922
Case #: A162579
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 03/28/2023
  • Categories: Lower term under AB 124/SB 567, PC 1385/SB 81, Probation, Probation / Parole / PRCS, SB 567 Upper Term, Sentencing

Under Penal Code section 1170, as amended by Senate Bill No. 567, there is no jury-finding requirement for facts used to impose a middle term when the lower term is the presumed sentence. Defendant was convicted of sexual penetration of…

View Full Summary
Name: People v. Lewis (2023) 88 Cal.App.5th 1125
Case #: E076449
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 03/02/2023
  • Categories: SB 567 Upper Term, Sentencing

Defendant's case was remanded for resentencing under amended Penal Code section 1170(b) because the imposition of his upper term sentences was not harmless under the Court of Appeal’s two-part harmless error test for SB 567. A jury convicted Lewis of…

View Full Summary
Name: People v. Todd
Case #: H049129
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 02/15/2023
  • Categories: SB 567 Upper Term, Sentencing

Senate Bill No. 567’s amendments to Penal Code section 1170, subdivision (b) apply retroactively to defendants sentenced to the upper term pursuant to a plea agreement to a stipulated term. As part of a plea agreement, Todd pleaded no contest…

View Full Summary
Name: People v. Sallee
Case #: F083728
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 02/15/2023
  • Categories: SB 567 Upper Term, Sentencing

Defendant sentenced to upper term pursuant to a stipulated plea agreement was not entitled to relief based on Senate Bill No. 567’s amendments to Penal Code section 1170, subdivision (b). As part of his plea to first degree residential burglary,…

View Full Summary
Name: People v. Ross
Case #: A163242
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 12/28/2022
  • Categories: SB 567 Upper Term, Sentencing

Remand for resentencing under Senate Bill No. 567 was required where the Court of Appeal could not conclude beyond reasonable doubt that a jury would have found true all of the aggravating factors relied on in selecting the upper term,…

View Full Summary