Oct. 3, 2022 – People v. Mitchell (1st Dist., Div. 5, A163476)

The Court of Appeal holds that SB 567’s amendments to PC 1170(b) do not apply retroactively to sentences imposed pursuant to stipulated plea agreements, where the court had no opportunity to exercise any discretion in deciding whether to impose the upper, middle, or lower term. The court reasons that SB 567’s legislative history supports this conclusion. The court also concludes that because appellant waived her trial rights as part of the plea, there was no violation of her Sixth Amendment rights when aggravating circumstances were not found beyond a reasonable doubt.