Criminal procedure: sentencing.

Existing law generally defines various actions and omissions as criminal offenses and makes those offenses punishable as either an infraction, misdemeanor, or felony, and provides for the imposition of various enhancements. Existing law provides the punishment for many felonies as imprisonment for one of 3 prescribed terms in the state prison or in a county jail, as specified, and provides for the imposition of an additional term of imprisonment of one of 3 prescribed terms for many enhancements. Under existing law, until January 1, 2022, when the statute specifies 3 possible terms, the choice of the appropriate term rests within the sound discretion of the court. Under previous law, when a judgment of imprisonment was to be imposed and the statute specified 3 possible terms, the court was required to impose the middle term unless there were circumstances in aggravation or mitigation of the crime. Existing case law held that, as it relates to this previous law, when the middle term was set as the statutory default, imposing an elevated upper-term sentence violated a defendant's right to trial by jury, and any fact that increases the penalty for a crime beyond that prescribed statutory default must be submitted to a jury and proved beyond a reasonable doubt. This bill would require the court to impose a term of imprisonment not exceeding the middle term unless there are circumstances in aggravation that have been stipulated to by the defendant, or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial. The bill would require the court, except in specified circumstances, to, upon the request of the defendant, bifurcate the trial on the circumstances in aggravation from the trial of charges and enhancements. This bill would, notwithstanding that requirement, allow the court to consider prior convictions based on a certified record of conviction without a finding by the jury. The bill would also require the court to set forth on the record the reasons for imposing the term selected. This bill would incorporate additional changes to Section 1170 of the Penal Code proposed by AB 124 and AB 1540 to be operative only if this bill and AB 124 and AB 1540 are enacted and this bill is enacted last.