A161996

The Court of Appeal remanded for resentencing in light of recent amendments (Senate Bill No. 567 and  Assembly Bill No. 124) to PC 1170, which limited the court’s ability to impose a sentence exceeding the middle term and created a presumption in favor of the low term where the defendant experienced psychological, physical, or childhood trauma and those factors contributed to the commission of the offense. Here, the probation report indicated that appellant had a “difficult” childhood, during which he experience physical abuse, neglect and other trauma.  

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