The Court of Appeal holds that SB 567’s amendments to PC 1170(b) apply retroactively to defendant’s case but do not require remand for resentencing since defendant was sentenced pursuant to a plea agreement with a stipulated upper-term sentence. The court reasons that because the trial court in such a situation “d[oes] not exercise discretion to select between the lower, middle, or upper term,” PC 1170(b)’s “limitations on the court’s sentencing discretion … are inapplicable.”
Note: This issue is currently pending in the California Supreme Court in People v. Mitchell (S277314).