P. v. Cardin-Heredia CA1/5
This is an appeal from judgment after a jury convicted defendant Gabriel Cardin-Heredia of voluntary manslaughter and found true the allegation that he personally used a deadly weapon (a knife) when committing the crime. The trial court sentenced him to an 11-year upper term sentence for manslaughter plus one additional year for knife use. Defendant challenges the judgment on the grounds that the trial court erred by giving CALCRIM No. 362, the standard jury instruction on consciousness of guilt based on a false statement. Defendant also seeks resentencing based on ameliorative changes to our determinate sentencing law (Pen. Code, § 1170) effective January 1, 2022, that limit trial courts’ discretion to impose the upper term. We remand the matter for resentencing under the newly amended version of section 1170 but otherwise affirm the judgment.
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