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 now 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. In so holding, the Court rejected the A.G.’s argument that remand was not necessary because, upon remand, the trial court would impose the upper term based only on appellant’s history of convictions and unsatisfactory performance on probation and parole, without considering any of the factors relating to the offense on which the court previously relied.
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