California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment

by Sam Rutherford

The California Supreme Court held that the 2022 amendments to Penal Code § 1170, which limits a trial court’s ability to impose an upper-term sentence unless it finds aggravating factors justify the sentence and also requires that those aggravating factors either be stipulated to by the defendant or …