- Remember Alec
Guilty verdict upheld by Appeal Court
The California 3rd District Court of Appeal issued its opinion in The People v. Addison
Case Number C094983, affirming the jury verdict of guilty, and sending the case back to the trial court for resentencing due to the passage of Senate Bill 567. In summary of its opinion, the trial court said:
“The sentence is vacated, and the matter remanded to the trial court for resentencing. In all other respects, the judgment is affirmed.”
SB 567 is applied retroactively to this case, and it requires specific requirements for sentencing at the highest recommended level when there are three possible sentences (IE 6, 8 or 10 years). In this case the sentence on some of the charges fell into this category, and the trial court did not follow the rules of SB 567 because they did not exist at the time of sentencing, as these rules are being applied retroactively.
SB 567 applies to two of the charges in this case where the trial court "imposed the upper term on count 2 (gross vehicular manslaughter while intoxicated) and count 3 (hit-and-run driving resulting in death)." The appeal court has sent the entire case back to the trial court for resentencing "so the trial court can exercise its sentencing discretion in light of the changed circumstances." SB 567 does not apply to Count 1 in Sutter County Case CRF19-2791: PC187(a)- F -Murder, where the previous sentence was 15 to life.
Sutter County courts will schedule resentencing. At this time, it is not yet on the docket. You can follow the online case information at https://www.sutter.courts.ca.gov/ (look at online services/online case access)to learn when the re-sentencing is scheduled. The new sentence will be published at this same site after the re-sentencing occurs.
The opinion from the California 3rd District Court of Appeal can be found at this link. It presents the reasoning for the resentencing in very clear language at the end of the document. If you read this document, please be aware that it contains many details of the case which may be difficult to read; please read at a time and place where you have time to process this document and the facts within it. https://www.courts.ca.gov/opinions/nonpub/C094983.PDF