Error and/or relief
On remand for full resentencing, it was error for the trial court to impose the upper term on the firearm enhancement where there was no jury determination beyond a reasonable doubt that the factors in aggravation relied on by the court were true.
First Holding:
If an enhancement (such as section 12022.5) is punishable by one of three terms, the court shall, in its sound discretion, order imposition of a sentence not to exceed the middle term, unless there are circumstances in aggravation that justify the imposition of the upper term and the facts underlying those cirucmstances have been stipulated to by the defendant or have been found true beyond a reasonable doubt at trial by the jury of by the judge in a court trial.
Authority:
PEN 1170.1
Second Holding:
Where the court imposes the upper term based on factors that have not been stipulated to or found true beyond a reasonable doubt by a jury, the defendant is entitled to a reversal and remand for resentencing unless, after examining the entire cause, including the evidence as to all relevant circumstances, the appellate court can conclude that the omission of a jury trial was harmless beyond a reasonable doubt as to every aggravating fact the trial court used to justify an upper term sentence.
In making this determination, we may examine what the jury necessarily did find and ask whether it would be impossible, on the evidence, for the jury to find that without also finding the missing fact as well. In other words, if no reasonable jury would have found in favor of the defendant on the missing fact, given the jury’s actual verdict and the state of the evidence, the error may be found harmless beyond a reasonable doubt. We may also find the omission harmless if we can conclude beyond a reasonable doubt that the omitted fact was uncontested and supported by overwhelming evidence.
Authority:
People v. Lynch (2024) 16 Cal.5th 730, 775
Third Holding:
Whether the defendant has engaged in violent conduct that indicates a serious danger to society or the crime involved athreat of great bodily harm are subjective factual determinations. To the extent a potential aggravating circumstance at issue in a particular case rests on a somewhat vague or subjective standard, it may be difficult for a reviewing court to conclude with confidence that, had the issue been submitted to the jury, the jury would have assessed the facts in the same manner as did the trial court.
Authority:
People v. Lynch (2024) 16 Cal.5th 730, 775