Defendant entered an open plea to offenses relating to child pornography (PC 311.4(c), 311.11(a)), and the trial court imposed its indicated, upper-term sentence. The Court of Appeal rejects defendant’s request for remand for retroactive application of SB 567. The court reasons that although the aggravating circumstances relied on by the trial court were not stipulated to by defendant or found true beyond a reasonable doubt, “[l]ogic and common sense lead us to conclude beyond a reasonable doubt that no jury and no trial court would impose a more favorable sentence upon remand.”
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