P. v. Gonzales CA5
Defendant Daniel Gonzales stands convicted, following a jury trial, of receiving a stolen dirt bike. On appeal, defendant contends the trial court erred by (1) admitting evidence of his prior theft convictions, and (2) excluding exculpatory portions of his post Miranda statement. The People disagree as to the first issue. As to the second issue, they agree that the trial court erred by excluding the exculpatory portion of defendant’s post-Miranda statement but contend that the error was harmless.
We ordered the parties to submit supplemental briefing regarding the impact of Senate Bill No. 567 (2021–2022 Reg. Sess.) (Senate Bill 567), which modified Penal Code section 1170, subdivision (b), to require imposition of the middle term of imprisonment unless circumstances in aggravation justify imposition of a greater sentence.
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