Error and/or relief
The trial court prejudicially erred at sentencing when it relied on aggravating circumstances to increase the defendant’s punishment without obtaining a waiver of his right to a jury trial on those circumstances.
First Holding:
The trial court erred by sentencing the defendant to an upper term absent the defendant’s (a) stipulation to the aggravating facts the trial court relied on or (b) waiving a jury trial on those aggravating facts.
Authority:
PEN 1170
People v. Wiley (2025) 17 Cal.5th 1069, 1076 [criminal defendants are entitled to a jury trial on all aggravating facts, other than the bare fact of a prior conviction and its elements, that expose them to imposition of a sentence more serious than the statutorily provided middle term]
Second Holding:
We cannot conclude beyond a reasonable doubt that a jury would have found true the facts underlying the aggravating circumstance that the defendant’s prior convictions as an adult are numerous. This aggravating circumstance rests on a somewhat vague and subjective standard, which makes it difficult 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.
For example, we cannot confidently say where the jury would have drawn the line for numerous, how the jury would have weighed felonies or misdemeanors, or how the jury might have considered the passage of time and discounted older convictions. We are also mindful that we cannot necessarily assume that the record reflects all of the evidence that would have been presented had aggravating circumstances been submitted to the jury. For example, had the defense told the jury more details about the offenses, the jury could have been more likely to count convictions as minor and thus less likely to add up to the numerous standard. Having determined that the facts underlying one aggravating circumstance do not meet the standard for harmless error, we must vacate the defendant’s sentence and remand for resentencing.
Authority:
PEN 1170
People v. Sandoval (2007) 41 Cal.4th 825, 840
People v. Wiley (2025) 17 Cal.5th 1069, 1091