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Name: People v. Benner
Case #: F082043
Opinion Date: 09/26/2022
Attorney: Rachel Paige Yarnell and Lindsey K. Terry

The Court of Appeal agreed with the parties that the case must be remanded for resentencing in light of Senate Bill No. 567 (2021-2022 Reg. Sess.), which generally limits the trial court’s ability to impose an upper term sentence unless aggravating circumstances have been stipulated to by the defendant or found true beyond a reasonable doubt by a jury or by the court in a court trial.