Jun. 15, 2022 – Statement Concurring With Order Denying Review – People v. Flores (S274232, A164257)

In a case where the Court of Appeal held that SB 567’s amendments to PC 1170(b) applied retroactively, but that imposition of the upper term was harmless beyond a reasonable doubt, Justice Liu issues a statement concurring with the order denying depublication and review. Justice Liu notes the split between People v. Flores (2022) 75 Cal.App.5th 495 and People v. Lopez (2022) 78 Cal.App.5th 459 over the proper harmlessness test in this context and suggests granting review of the issue “[i]n an appropriate case.”