P. v. Bilderback CA3
Defendant David William Bilderback pleaded guilty to voluntary manslaughter (Pen. Code, § 192, subd. (a)), and admitted he personally used a firearm (§ 12022.5, subd. (a)). Defendant then appealed, asserting the trial court abused its discretion in imposing the upper term sentence on the manslaughter count. After the parties’ initial briefing was complete, we granted defendant’s request for supplemental briefing on the effect, if any, of Senate Bill No. 567 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 731) (Senate Bill No. 567) on his case.
Defendant’s initial contention was barred by his waiver of his right to appeal and his failure to obtain a certificate of probable cause, and, in any event, is ultimately rendered moot. As we shall explain, despite his waiver of his right to appeal and failure to obtain a certificate of probable cause, defendant’s contentions concerning Senate Bill No. 567 are properly before us.
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