P. v. Arias CA6
A jury convicted defendant Michael Santos Arias of felony evasion of a peace officer and misdemeanor trespass, resisting a peace officer, leaving the scene of an accident, and possession of drug paraphernalia. The trial court sentenced Arias to the upper term of three years in prison for his felony evasion conviction and concurrent county jail terms for each of the four misdemeanor convictions.
On appeal, Arias claims that the evidence was insufficient to support a conviction for trespass. In addition, he asserts the enactment of Senate Bill No. 567 (2021-2022 Reg. Sess.) (Senate Bill 567), which amended Penal Code section 1170, subdivision (b), effective January 1, 2022, requires that the matter be remanded to the trial court for resentencing. Finally, he requests that the abstract of judgment and the sentencing minute order be modified to reflect the trial court’s oral pronouncement of judgment.
For the reasons explained below, we reject Arias’s challenge to his trespass conviction
Comments on P. v. Arias CA6