A161691

[Published Opinion] The Court of Appeal remanded for resentencing in light of recent amendments (Senate Bill No. 567 (2021-2022 Reg. Sess.)) to Penal Code section 1170, which, among other things, created a presumption in favor of the middle term and requires that circumstances in aggravation used to justify imposition of the upper term be found true by the jury, admitted by the defendant, or based on prior convictions evidenced by a certified record of conviction. Here, the Court found that the trial court relied on several aggravating circumstances that were neither admitted by appellant nor found to be true beyond a reasonable doubt. The Court also rejected the A.G.’s harmless error argument.

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