The Court of Appeal holds that SB 567’s amendments to PC 1170(b) apply retroactively to defendant’s case and require remand for resentencing, even though defendant was sentenced pursuant to a plea agreement with a stipulated upper-term sentence. Applying People v. Stamps (2020) 9 Cal.5th 685, the court directs that, on remand, unless defendant waives the requirements of PC 1170(b) or the trial court finds aggravating circumstances as required under the statute, “the only remedy available to the trial court is to withdraw approval for the plea agreement and return the parties to the status quo.”
Note: This issue is currently pending in the California Supreme Court in People v. Mitchell (S277314).