Jun. 28, 2023 – People v. Achane (1st Dist., Div. 2, A165968)

In 2020, defendant was placed on probation with execution of an upper-term sentence suspended. In 2022, months after the amendments to PC 1170 made by AB 124 and SB 567 took effect, the trial court terminated probation and imposed the upper-term sentence, plus two consecutive terms for two other cases. The Court of Appeal finds that defendant forfeited his request for resentencing under AB 124 and SB 567 by failing to raise the issue below. The court rejects defendant’s arguments that the upper-term sentence was unauthorized, and that an objection would have been futile.