Jun. 20, 2023 – People v. Tilley (3rd Dist., C096411)

The Court of Appeal finds that defendant forfeited his claim that the trial court erred by failing to consider the low-term presumption of PC 1170(b)(6). The court explains that defendant did not raise PC 1170(b)(6), object to the middle term, or argue that he suffered “psychological trauma as a result of mental illness.” The court rejects defendant’s backup IAC claim, finding no prejudice. The court also finds that the trial court’s inaccurate advisement that defendant would be subject to a 3-year (rather than a 2-year) parole term does not require correction, as the advisement did not result in an actual lengthening of the parole term.