Sentencing.

Existing law, operative January 1, 2014, provides that when a judgment of imprisonment is to be imposed and the statute specifies 3 possible terms, the court shall order imposition of the middle term, unless there are circumstances in aggravation or mitigation of the crime. Existing law, operative January 1, 2014, provides that the court shall state the reasons for its sentence choice on the record at the time of sentencing. This bill would additionally provide that the court may not impose an upper term based on aggravating facts unless the facts were first presented to the factfinder and the factfinder found the facts to be true. The bill would require the court to include, at the time it makes its on the record statement of the reasons for its sentence choice, the specific facts in aggravation, if any, it relied upon in imposing an upper term. The bill would state findings and declarations of the Legislature in connection with imposing upper term sentences.