Error and/or relief
On resentencing under section 1172.75, the court erred in imposing the upper term on factors that had not been proved to a jury beyond a reasonable doubt.
First Holding:
A criminal judgment does not become final for purposes of Estrada when an appellate court affirms a conviction, but leaves sentencing issues pending before the trial court following remand. During the resentencing on remand, the benefits of supervening ameliorative legislation apply retroactively.
Authority:
People v. Lopez (2025) 17 Cal.5th 388, 392
In re Estrada (1965) 63 Cal.2d 740
Second Holding:
Absent waiver or stipulation, aggravating factors such as the increasing seriousness of a defendant’s prior convictions and unsatisfactory performance on probation must be found true beyond a reasonable doubt by a jury before those facts can be used to justify an upper term sentence.
Authority:
PEN 1170
People v. Wiley (2025) 17 Cal.5th 1069, 1082
Third Holding:
This case must be distinguished from Brannon-Thompson, which found that the plain language of section 1172.75(d)(4) indicated the Legislature intended the new burden of proof amendments to section 1170(b) to apply only if the trial court is imposing the upper term for the first time at a section 1172.75 resentencing. In this case, the defendant was not being resentenced after a prior sentence that imposed an upper term was recalled.
Instead, he was on remand from the prior appeal directive to strike prior prison term enhancements before section 1172.75 even went into effect (which the court did). As such, when the trial court proceeded to resentence defendant in 2023, his sentence already lacked any enhancements imposed pursuant to former section 667.5(b). Defendant accordingly was not eligible for resentencing under section 1172.75 in 2023, making the provision inapplicable. Instead, appearing for resentencing based on a remand in the prior appeal, the defendant was entitled to the benefits of supervening ameliorative legislation, including the new evidentiary standards of section 1170(b).
Authority:
PEN 1170(b)
People v. Lopez (2025) 17 Cal.5th 388
People v. Wiley (2025) 17 Cal.5th 1069, 1087
People v. Brannon-Thompson (2024) 104 Cal.App.5th 455