A160672

In this case the trial court imposed the upper term on the Penal Code section 12022.5, subdivision (a) (firearm) enhancement. The Court of Appeal held that the case must be remanded because the current version of Penal Code section 1170.1, as amended by Senate Bill 567 (2021-2022 Reg. Sess.), would only allow such a sentence if appellant stipulated to the facts underlying the circumstances in aggravation or the jury found them true beyond a reasonable doubt, none of which occurred here.

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