P. v. Defelice CA2/6
On January 26, 2022, our Supreme Court transferred this matter to our court with directions to vacate our prior decision affirming, among other things, Defelice’s conviction of corporal injury to a former cohabitant and, as to sentencing, to “reconsider the cause in light of Senate Bill No. 567 (Stats. 2021, ch. 731).”
Senate Bill No. 567 (2021-2022 Reg. Sess.) makes substantial changes to California sentencing laws in cases involving the trial court’s authority to impose lower, middle, or high term sentences. For example, it requires the court in certain cases to impose “the lower term if any of the following was a contributing factor in the commission of the offense . . . . [¶] . . . The person has experienced psychological, physical, or childhood trauma . . . . [¶] . . .
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