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