P. v. Criado CA6
Appellant Eddie Criado appeals from a judgment entered upon resentencing after a prior appeal. In the prior appeal, this court directed the trial court to strike two, one-year prior prison term enhancements it had previously imposed (Pen. Code, § 667.5, subd. (b) (hereafter section 667.5(b) )) in light of Senate Bill No. 136 (Stats. 2019, ch. 590) (Senate Bill 136) and to resentence Criado. At his resentencing hearing in January 2021, the trial court struck the prior prison term enhancements and sentenced Criado to six years in state prison. The trial court’s decision at resentencing to impose the upper term on one of the crimes of conviction rather than the previously imposed middle term resulted in the same aggregate sentence it had previously imposed. On appeal, Criado contends the trial court abused its sentencing discretion and requests remand for resentencing.
Although Criado’s original briefing in this appeal argued the trial court erred under Senate Bill 136, both parties
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