Error and/or relief
On remand following the defendant’s earlier appeal, the trial court imposed an upper term based on impermissible aggravating recidivism factors.
Holding:
Under the Sixth Amendment, a defendant is entitled to a jury trial on all aggravating facts, other than the bare fact of a prior conviction and its elements, that expose the defendant to imposition of a sentence more serious than the statutorily provided midterm.
Here, the court imposed the upper term based on the aggravating facts that the defendant’s prior convictions were numerous and of increasing seriousness and his performance on probation was unsatisfactory.
Because the defendant did not stipulate to these facts, which go beyond the bare fact of his prior convictions and their elements, he was entitled to a jury trial on them. That he did not receive one renders the sentence unauthorized.
Accordingly, we vacate the sentence and remand the matter to give the People an opportunity to retry the aggravating facts.
Authority:
People v. Wiley (2025) 17 Cal.5th 1069, 1086, 1091
People v. Lynch (2024) 16 Cal.5th 730, 776 [proper remedy where aggravating facts were not tried to a jury is to remand and give the People an opportunity to retry the aggravating facts]
Second Holding:
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Authority:
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