Error and/or relief
The court erred by finding true and relying on aggravating circumstances at sentencing without any waiver of the right to jury trial.
First Holding:
Despite the absence of a jury waiver, the court at sentencing found true multiple of the charged aggravating circumstances. The court also imposed the upper term of 10 years for the Penal Code section 12022.5(a) firearm enhancement. The trial court erred by imposing this upper term sentence based on aggravating circumstances that were not stipulated to by the defendant found true beyond a reasonable doubt at trial by the jury, or found true by the judge in a court trial after a waiver of the right to jury trial.
Under the Sixth Amendment, any fact, beyond the bare fact of a prior conviction, that exposes a defendant to harsher punishment, must be found by a jury beyond a reasonable doubt, unless the defendant stipulates to its truth or waives a jury trial.
Authority:
PEN 1170(b)(2)
People v. Wiley (2025) 17 Cal.5th 1069, 1084
Second Holding:
Several of the aggravating circumstances found true by the trial court were based on what the Supreme Court in Lynch referred to as a somewhat vague or subjective standard. These include that the crime involved great violence, great bodily harm, and other acts showing a high degree of cruelty, viciousness, and callousness and that Guy had engaged in violent conduct that indicates a serious danger to society.
Because these aggravating circumstances are inherently subjective and imprecise, we cannot conclude beyond a reasonable doubt that a jury would have found true all of the aggravating factors relied upon by the trial court to justify an upper term sentence. Moreover, the court could not lawfully have imposed the upper term on the Penal Code section 12022.5(a) enhancement without proper true findings or a stipulation to the truth of circumstances in aggravation that justified the imposition of a term of imprisonment exceeding the middle term.
Authority:
People v. Lynch (2024) 16 Cal.5th 730, 768–769, 775–776
Third Holding:
We will therefore vacate the sentence and remand for a full resentencing hearing.
Authority:
People v. Buycks (2018) 5 Cal.5th 857, 893 [full resentencing on all counts required when part of sentence is stricken on appeal]