Feb. 15, 2023 – People v. Sallee (5th Dist., F083728)

The Court of Appeal holds that SB 567’s amendments to PC 1170(b) apply retroactively to defendant’s case but do not require remand for resentencing since defendant was sentenced pursuant to a plea agreement with a stipulated upper-term sentence. The court reasons that because the trial court in such a situation “d[oes] not exercise discretion to select between the lower, middle, or upper term,” PC 1170(b)’s “limitations on the court’s sentencing discretion … are inapplicable.”

Note: This issue is currently pending in the California Supreme Court in People v. Mitchell (S277314).