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Name: People v. Fagundes
Case #: C093720
Opinion Date: 05/03/2023
Attorney: Audrey R. Chavez

The Court of Appeal agreed with appellant 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.