People v. Stewart CA3

Filed 2/27/26 P. v. Stewart CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Tehama) ----

THE PEOPLE, C102503

Plaintiff and Respondent, (Super. Ct. No. 24CR1776)

v.

STEELE STEWART,

Defendant and Appellant.

Defendant Steele Stewart pled guilty to manslaughter and attempted murder, and his counsel admitted certain aggravating factors were present. Stewart claims that the trial court erred by aggravating his sentence based on underlying facts that were not properly proven under Penal Code section 1170, subdivision (b).1 Alternatively, Stewart claims the trial court improperly relied on facts used to impose enhancements to aggravate his sentence. The People contend the parties’ stipulation to the “presen[ce]” of

1 Undesignated statutory references are to the Penal Code.

1

aggravating factors is sufficient to satisfy the requirements of section 1170. We disagree with the People and conclude the trial court erred in using aggravating factors that were neither found true beyond a reasonable doubt by a trier of fact nor admitted by Stewart. We will vacate the sentence and remand the matter for resentencing. FACTUAL AND PROCEDURAL BACKGROUND In April 2022, Stewart showed up to a party and attempted to start several fights. The party host asked Stewart to leave but Stewart brandished a knife and threatened partygoers. Minutes later he stabbed two victims. One victim died and the other survived after receiving medical treatment. Stewart admitted to police that he stabbed and hurt two people. The People charged Stewart with voluntary manslaughter (§ 192, subd. (a)) and attempted murder (§§ 187, subd. (a), 664). They also alleged Stewart used a deadly weapon in the commission of both counts (§ 12022, subd. (b)(1)) and alleged a great bodily injury enhancement as to the attempted murder count (§ 12022.7, subd. (a)). It was further alleged Stewart was a minor 16 years of age or older when he committed the offenses. (Welf. & Inst. Code, § 707, subd. (a).) The charging document did not allege any circumstances in aggravation under California Rules of Court, rule 4.421. At a preliminary hearing, defense counsel informed the trial court Stewart agreed to enter “a plea of guilty to count one, voluntary manslaughter. He would be admitting the special allegation, use of a deadly weapon.· He’d enter a plea to count two, the attempted second degree murder, admitting the special allegation of the use of a deadly weapon and great bodily injury. [¶] The statutory maximum is 15 years, 8 months. This is an open plea.· There is an agreement, stipulation to aggravating factors under the California Rules of Court 4.421, and the stipulation is that (a)(1), (2), and (3), as well as