P. v. Perez CA4/2
This is the second appeal by defendant and appellant, Christopher Daniel Perez, following resentencing. Defendant was convicted by a jury of eight offenses arising out of three separate incidents of domestic violence. (People v. Perez (Dec. 4, 2020, E073399 [nonpub. opn.]) (Perez I).) In Perez I, this court affirmed the judgment, but remanded the matter for resentencing.
At resentencing, the trial court imposed the upper term on the principal offense but failed to provide a statement of reasons in support of its decision to do so. Shortly after defendant’s resentencing, Penal Code section 1170 was amended to prohibit a trial court from imposing an upper term sentence unless there are aggravating circumstances, and the defendant has either stipulated to the facts underlying those circumstances or those facts were found true beyond a reasonable doubt. (§1170, subd. (b)(1)-(2); People v. Flores (2022) 75 Cal.App.5th 495, 500.)
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