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. The A.G. agreed the new version of section 1170 applies retroactively and that the matter should be remanded for resentencing “[b]ecause the trial court may have relied on factors that were neither admitted by [appellant] nor found to be true beyond a reasonable doubt.”
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