People v. Mitchell

Summary

The court held that the amended requirements governing upper-term sentences apply retroactively to Mitchell’s nonfinal judgment, even though she agreed to an upper-term sentence as part of a plea bargain. Her prior plea did not validly waive those newly recognized statutory and constitutional protections. The court rejected both unilateral reduction of the sentence and unconditional enforcement of the bargain, instead requiring a remand allowing Mitchell to waive the requirements, negotiate an approved midterm modification, or withdraw from the plea.