Mar. 28, 2022 – People v. Garcia (2nd Dist., Div. 8, B306081)

In a case where a jury found defendant guilty of robbery and assault with a deadly weapon, the Court of Appeal rejects defendant’s claims of instructional, evidentiary, and other error, but holds that a 10-year postconviction protective order imposed under PC 136.2(i) must be stricken, because defendant was not convicted of domestic violence. The court also holds that SB 567 and AB 124’s amendments to PC 1170(b) apply retroactively, vacates defendant’s upper-term sentence, and remands for resentencing.