People v. Salazar

Summary

The court held that Salazar must be resentenced under the ameliorative sentencing law enacted while his nonfinal appeal was pending because the record did not clearly indicate that the original sentencing court would have imposed the same middle term under the new lower-term presumption for qualifying trauma. The sentencing court had considered mitigating evidence, declined to impose the upper term, and had not made the findings now required to depart from the lower term. The court reversed the Court of Appeal and directed it to remand to the superior court for resentencing.