People v. Salazar
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The Supreme Court reversed the judgment of the court of appeal declining to remand this case for resentencing in light of a new law that was enacted after Defendant had been sentenced but while his appeal was still pending, holding that the court of appeal erred.
At issue was Senate Bill No. 567, which created a presumption that the sentencing court shall entered a lower term sentence when, inter alia, a "psychological, physical, or childhood trauma" contributed to the offense and set forth the circumstances when a sentencing court may depart from the lower term presumption. Defendant was found guilty of false imprisonment by violence or menace and sentenced to seven years and four months in prison. While Defendant's appeal was pending, Senate Bill 567 was passed, amending Cal. Pen. Code 1170, subd. (b)(6) & (A). The Supreme Court remanded this case for resentencing, holding that the court of appeal erred by finding that the record clearly indicated that the trial court would not have imposed a lower term sentence if it had been aware of the scope of its discretionary powers under the current section 1170 at the time Defendant was sentenced.
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