Jun. 26, 2023 – People v. Falcon (5th Dist., F083577)

The Court of Appeal holds that remand for resentencing is required where multiple upper terms were imposed but stayed prior to passage of SB 567. The court agrees with People v. Lewis (2023) 88 Cal.App.5th 1125 and adopts the “clear indication” test articulated in People v. Gutierrez (2014) 58 Cal.4th 1354 to determine whether remand for resentencing would be futile.

Note: This issue is currently pending in the California Supreme Court in People v. Lynch (S274942).