The Court of Appeal 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. In so doing, the Court rejected the A.G.’s argument that a remand was not necessary because the jury’s verdict (convicting appellant of all the charged offenses) shows that it would have found the aggravating circumstances the trial court relied upon true beyond a reasonable doubt. The Court explained: “Since we cannot say the record clearly indicates the trial court would have imposed the aggravated terms if it had been aware there was a statutory presumption in favor of middle term sentences, remand is the appropriate remedy.”
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