The trial court denied appellant’s Romero motion on the basis that residential burglary is rightfully a strike, without considering the facts and circumstances of appellant’s current and prior offense or her particular background, character, and prospects, as is required. Relying on People v. Avila (2020) 57 Cal.App.5th 1134, the Court of Appeal remanded the matter to allow the trial court to analyze appellant’s Romero motion in conformity with the spirit of the law. The court further held that the matter must be remanded for resentencing in light of Senate Bill No. 567 (2021-2022 Reg. Sess.), which amended Penal Code section 1170 and limits the court’s ability to impose a sentence exceeding the middle term.
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