The Court of Appeal agreed with the parties that the appellant’s case must be remanded for resentencing pursuant to Senate Bill No. 567 (2021-2022 Reg. Sess.), which generally limits the trial court’s ability to impose an upper term sentence unless aggravating circumstances have been stipulated to by the defendant or found true beyond a reasonable doubt by a jury or by the court in a court trial. Upon remand, the trial court may exercise its discretion to strike or modify the appellant’s Penal Code section 12022.53, subdivision (d) enhancement in light of People v. Tirado (2022) 12 Cal.5th 688 and recent amendments section 1385.
Name: SB 620 Firearm Enhancements
Case #: F083091
Opinion Date: 01/09/2023
Attorney: Gillian Black