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 this case, it was undisputed that the trial court imposed the upper principal term in reliance on aggravating factors that do not meet the requirements of section 1170, subdivisions (b)(2) or (b)(3). The Attorney General conceded that SB 567 applies retroactively.
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