The Court of Appeal remanded for resentencing due to the recent statutory amendments to: (1) Penal Code section 654, which now affords trial courts the discretion to choose the count on which to impose punishment (instead of having to choose the one that provided for the longest potential term of imprisonment); (2) Penal Code section 1170, which now includes a presumption in favor of a low prison term where the defendant was a youth or experienced psychological, physical, or childhood trauma and those factors contributed to the commission of the offense; and (3) Penal Code section 667.5, subdivision (b), which now only applies to individuals who have served a prior sentence for a sexually violent offense as defined in Welfare and Institutions Code section 6600, subdivision (b).
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