California Legal Brief

AI-Generated Practitioner Briefs of California Appellate Opinions

upper term

2 opinions tagged “upper term”

May 4, 2026 Court of Appeal, Second Appellate District, Division Eight

P. v. Moss 5/4/26 CA2/8

The Rule of People v. Moss is that a trial court may reimpose an upper term sentence during Penal Code section 1172.75 resentencing without additional jury findings or defendant stipulation to aggravating factors, under circumstances where the defendant was originally sentenced to an upper term.
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March 30, 2026 Court of Appeal of the State of California, First Appellate District, Division Four

P. v. Nielsen 3/30/26 CA1/4

The Rule of People v. Nielsen is that a trial court's failure to make express findings under Penal Code section 1170(b)(6) does not require reversal when the record demonstrates the court understood and considered childhood trauma as a mitigating factor and weighed it against aggravating circumstances, under circumstances where the defendant made an initial showing that childhood trauma contributed to drug addiction and criminal conduct, but no party explicitly raised section 1170(b)(6) at sentencing.
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