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File #: 22-081    Version: 1
Type: Rule/Form Proposal Status: Passed
File created: 1/14/2022 In control: Judicial Council
On agenda: 3/11/2022 Final action: 3/11/2022
Title: Rules and Forms | Criminal Law: Felony Sentencing (Action Required)
Attachments: 1. 20220311-22-081
Title
Title
Rules and Forms | Criminal Law: Felony Sentencing (Action Required)
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Summary
Summary
The Criminal Law Advisory Committee recommends amendments to specified felony sentencing rules of the California Rules of Court to reflect several major legislative changes that were made to sentencing of felony offenses and enhancements, which went into effect January 1, 2022. The recommended amendments will reflect statutory changes (1) requiring aggravated factors to be stipulated to by the defendant or found true beyond a reasonable doubt when imposing the upper term of a felony offense or enhancement; (2) allowing courts to consider as an aggravating factor that a defendant has suffered one or more prior convictions, based on certified official records, but that this exception may not be used to select the upper term of an enhancement; (3) discontinuing commitments of juveniles to the Department of Corrections and Rehabilitation, Division of Juvenile Justice; (4) regarding mitigating circumstances requiring imposition of the lower term; (5) identifying specified mitigating circumstances for consideration in sentencing; (6) allowing an act or omission that is punishable in different ways by different laws to be punished under either of those provisions; and (7) amending dismissal of enhancements due to specified mitigating circumstances. The recommended amendments would also clarify that courts may consider aggravating factors in exercising discretion in imposing the middle term instead of a low term, denying probation, ordering consecutive sentences, or determining whether to exercise discretion pursuant to Penal Code section 1385(c) and make nonsubstantive technical amendments.
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Recommendation
Recommendation
The Criminal Law Advisory Committee recommends that the Judicial Council, effective March 14, 2022:
1. Repeal rules 4.300 and 4.453 of the California Rules of Court to reflect changes discontinuing commitments of juveniles to the Department of...

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