P. v. Garcia CA6
Defendant Joel Gonzalez Garcia pleaded no contest to two counts of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)); counts 1 and 2) and driving under the influence of alcohol causing injury (Veh. Code, § 23153, subd. (a); count 3). The trial court sentenced Garcia to the midterm of six years on count 1, one-third the midterm (two years) on count 2, and one-third the midterm (eight months) on count 3, to run consecutively, for an aggregate term of eight years and eight months in state prison. Garcia was 21 years old at the time of the offense.
Garcia contends that under the newly-amended version of section 1170, subdivision (b), his sentence must be vacated and the case remanded for resentencing.
Effective January 1, 2022, section 1170 was amended in several ways. (See People v. Flores (2022) 73 Cal.App.5th 1032, 1038 (Flores) [citing Sen. Bill No. 567, Stats. 2021, ch. 731, § 1.3].)
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