Defendant who agreed to an upper term sentence pursuant to a plea bargain may invoke the retroactive benefit of SB 567’s changes to PC 1170(b) regarding her nonfinal judgment. SB 567 was enacted during defendant’s direct appeal from a guilty plea. The appropriate remedy is a remand where the defendant may invoke or waive current PC 1170(b) requirements. Invoking PC 1170(b) entitles defendant to a reduced middle term sentence only with prosecution and court agreement; without agreement, a defendant invoking PC 1170(b) may withdraw her plea and return to pre-plea status quo.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/S277314.PDF