Jun. 28, 2022 – People v. Salazar (2nd. Dist., Div. 6, B309803)

The Court of Appeal holds that remand is not required to apply the new PC 1170(b)(6), which presumes imposition of the low term where the defendant’s experience of trauma was a contributing factor to the offense, because the record clearly indicates the trial court would not have imposed a more lenient sentence. The dissent would have remanded to allow the trial court to exercise its discretion.