P. v. Pitts CA5
Defendant Thomas Earl Pitts, Jr., contends on appeal that this court should order the correction of the clerical errors in the abstract of judgment and minute orders.
We also 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. (Stats. 2021, ch. 731, § 1.3.) It further modified section 1170, subdivision (b), to require that the circumstances in aggravation be found true beyond a reasonable doubt or be stipulated to by the defendant. (Ibid.) Defendant contends his sentence must be vacated and the case remanded for resentencing in light of Senate Bill 567’s amendments to section 1170, subdivision (b).
Comments on P. v. Pitts CA5