Former Atascadero teacher’s appeal for resentencing denied

November 25, 2022

By KAREN VELIE

A state appeals court earlier this month rejected a request for resentencing by an Atascadero teacher who pled guilty in 2021 to sexual misconduct involving his students

Chris Lynn Berdoll asked the court to vacate his four year and four month sentence, arguing it exceeded the term allowed for his crimes. In his appeal, Berdoll said that aggravating circumstances required for the sentencing did not exist, a claim the appellate court rejected.

While a sixth grade teacher at the Atascadero Fine Arts Academy, Berdoll used electronic devises to record the backsides, legs and crotches of female students. At times, Berdoll touched the girls’ bodies or clothing while recording them. He then photo-shopped his students’ faces on child porn videos.

Berdoll pleaded no contest to 24 felony counts of using a minor for a sex act and one felony charge of possession of child pornography in 2021. At the time, Judge Jesse Marino recommended a three year sentence.

The San Luis Obispo County District Attorney’s Office sought a sentence of 19 years while the SLO County Probation Department recommended a sentence of five years and eight months.

After listening to several of Berdoll’s victims, in Dec. 2021, Judge Marino sentenced Berdoll to four years and four month in prison, explaining that the 19-year sentence is primarily for pornographers who tape the sexual abuse of children.

Following the sentencing, Berdoll filed an appeal with the 2nd District Court of Appeal asking that the “judgment be vacated and the matter remanded for resentencing pursuant to Senate Bill No. 567.” The bill requires the court to impose the middle term of imprisonment unless there are aggravating circumstances.

The appellate court determined Judge Marino’s aggravated sentencing findings were amply supported and clearly articulated.

“There is no valid claim that these factors did not involve patently reprehensible conduct to exploit young vulnerable children under Berdoll’s control,” according to the appellate court ruling. “Moreover, there is no doubt from this record as to why the trial court selected the sentence it imposed.”