[Published Opinion] The Court of Appeal held that AB 518’s amendments to PC 654 and SB 567’s amendments to PC 1170(b) apply retroactively and require resentencing. The court rejected defendant’s arguments that, on remand: (1) in considering whether “the aggravating circumstances outweigh the mitigating circumstances [so] that imposition of the lower term would be contrary to the interests of justice” (PC 1170(b)(6)), the trial court may consider only aggravating circumstances found true beyond a reasonable doubt; and (2) the trial court may, under PC 1385, strike the jury’s PC 1203.66 finding.
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