The Court of Appeal remanded the case for the trial court to reconsider appellant’s sentence in light of two amendments (Senate Bill No. 567 (2021-2022 Reg. Sess.) and Assembly Bill No. 124 (2021-2022 Reg. Sess.)) to Penal Code section 1170, which created a presumption in favor of the low term where the defendant was a youth at the time of the offense and 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.
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