People v. Aloe CA4/3

Filed 4/17/23 P. v. Aloe CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G060893

v. (Super. Ct. No. 13WF1563)

ALTON CHRISTOPHER ALOE, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, David A. Hoffer, Judge. Reversed and remanded. Request for judicial notice granted. Torres & Torres and Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, A. Natasha Cortina and Alan L. Amann, Deputy Attorneys General, for Plaintiff and Respondent. * * * At a November 2021 resentencing hearing following a previous appeal, the trial court sentenced Alton Christopher Aloe to a determinate term of 13 years, followed by 14 years to life, on his convictions for attempted murder, assault with a firearm, and attempted vehicle burglary. The court imposed middle term sentences on Aloe’s substantive offenses and middle and upper term sentences on a firearm enhancement. Aloe again appeals, this time asserting he is entitled to another resentencing as a result of 1 recent amendments to Penal Code section 1170, which, as amended, makes a low-term sentence presumptively appropriate when a defendant’s “childhood trauma” is a “contributing factor” to the defendant’s commission of an offense. (Id., subd. (b)(6)(A).) We agree that resentencing is necessary. Because section 1170, as amended, limits the trial court’s discretion to impose the middle term if childhood trauma was a contributing factor to the commission of the crime, and because the record does not clearly indicate whether Aloe suffered childhood trauma or whether the court would have imposed the same sentence under the current statute, the matter must be remanded for another resentencing hearing. We otherwise affirm the judgment.