People v. Fleer

Full title: THE PEOPLE, Plaintiff and Respondent, v. JAYLEN DEVON FLEER, Defendant and…

Court: California Court of Appeals, Fourth District, First Division

Case no: D079195

Date published: Jun 16, 2022

Fact:

Jaylen Devon Fleer appeals from a 12-year prison sentence imposed after he pled guilty to sex offenses involving four minor victims. His sentence includes an upper term for the principal term, middle terms for eight other  counts that were run consecutively, and upper terms for nine other counts that were ordered to run concurrently or stayed. The sole issue on appeal is whether Fleer is entitled to be resentenced under the new ameliorative provisions of Senate Bill No. 567 (2021-2022 Reg. Sess.) (Senate Bill No. 567), which amended Penal Code section 1170  effective January 1, 2022, to limit a trial court’s discretion to impose an upper term. We conclude that Fleer is entitled to resentencing under In re Estrada (1965) 63 Cal.2d 740 (Estrada). Accordingly, we remand for resentencing under Senate Bill No. 567. In all other respects, the judgment is affirmed.

Issue:

Decision:

The case is remanded for resentencing consistent with Penal Code section 1170, subdivision (b). Upon resentencing, the court is directed to prepare and forward an amended abstract of judgment to the Department of Corrections and Rehabilitation. In all other respects, the judgment is affirmed.

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