Tomorrow morning, the Supreme Court will file its opinions in People v. Wiley and People v. Rhodius. (Briefs here; oral argument videos here and here.)
Wiley is expected to address whether the sentencing court’s consideration of circumstances in aggravation based on certified records of prior convictions, beyond the bare fact of the convictions, violates Penal Code section 1170, subdivision (b)(3) or defendant’s Sixth Amendment right to a jury trial. (See Erlinger v. United States (2024) 602 U.S. 821 and People v. Lynch (2024) 16 Cal.5th 730 (see here).) The court granted review in March 2024. More about the case here.
In Rhodius, the court will consider if Senate Bill No. 483 (Stats. 2021, ch. 728) entitles a defendant to a full resentencing hearing under Penal Code section 1172.75 if the defendant’s prior prison term enhancements (Pen. Code, § 667.5, subd. (b)) were imposed and stayed, rather than imposed and executed. The court granted review in February 2024. More about the case here.
These will be the first two opinions for the six cases heard on the court’s April calendar. The other four cases from that calendar should be decided by July 7.
Other argued but undecided cases are the eight on the early-May calendar (most opinions due by August 4), the eight on the late-May calendar (most opinions due by August 18), and the seven on the June calendar (most opinions filing by August 28). Why “most”? Because: The opinions in the death penalty appeals in People v. Bankston (argued in early-May), People v. Chhuon and Pan (argued in late-May), and People v. Barrera (argued in June) might not file until December 1 because of recently ordered post-argument briefing. Also because of post-argument briefing, the People v. Cardenas death penalty appeal (argued in late-May) and People v. Superior Court (Guevara) (argued in June) could be decided as late as September 15 and October 9, respectively.
The Wiley and Rhodius opinions can be viewed tomorrow starting at 10:00 a.m.
