P. v. Montes CA4/1
This appeal only raises claims of sentencing error. After a bench trial, Jesus Aranda Montes was convicted of arson of property (a lesser included offense of arson of a structure, Count 1), possessing a destructive device in public (Count 2), and possessing a flammable material (Count 3). Believing it was required to designate Count 2 as the “principal term” because it had the highest triad (two, four, or six years), the court sentenced Montes to prison for six years and eight months.
Citing People v. Miller (2006) 145 Cal.App.4th 206 (Miller), on appeal Montes contends the trial court misunderstood the scope of its discretion in choosing the principal term. We agree. The principal term is the longest term the court chooses to impose, not the longest term available. (Id. at pp. 215‒218.) Because the trial court misunderstood the scope of its discretion, the matter must be remanded for resentencing. (See People v. El (2021) 65 Cal.App.5th 963, 966‒967.)
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