After the Court of Appeal initially affirmed appellant’s upper term conviction, the case was granted review and held behind People v. Lynch (2024) 16 Cal.5th 730. After the case was decided, the California Supreme Court transferred the matter back to the Court of Appeal with directions to vacate its prior decision and reconsider the cause in light of Lynch. On transfer, the Court of Appeal then held that remand for resentencing was required under Lynch, because the court could not conclude beyond a reasonable doubt that a jury would have found true the facts underlying the aggravating circumstances.