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. As for whether the matter should be remanded, the Court acknowledged that the Courts of Appeal are currently split regarding the applicable standard of review, but nevertheless remanded after noting it would be required under every approach, apart from People v. Flores (2022) 755 Cal.App.5th 495.
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