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Name: People v. Byrd Jr.
Case #: F083515
Opinion Date: 12/07/2022
Attorney: Byron C. Lichstein

The Court of Appeal agreed with the parties that remand for resentencing was required based on retroactive application of Assembly Bill No. 124 (2021–2022 Reg. Sess.), which amended Penal Code section 1170 to require trial courts to impose the lower term (unless contrary to the interests of justice) if certain circumstances contributed to the commission of the offense. The appellant was 23 years old at the time of the offenses, which may have been a contributing factor in their commission.  Upon remand, the court further ordered the trial court to revisit all of its sentencing choices in light of new and applicable legislation, including Senate Bill No. 567.