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Name: People v. Farwell
Case #: C095434
Opinion Date: 06/13/2023
Attorney: John Steinberg
Summary

The Court of Appeal remanded for resentencing in light of legislative changes to Penal Code section 518 made by Senate Bill No. 654 (2021-2022 Reg. Sess.), which now affords trial courts the discretion to choose the count on which to impose punishment, instead of having to choose the one that provided for the longest potential term of imprisonment. The Court of Appeal also remanded for resentencing in light of legislative changes to Penal Code section 1170 made by Senate Bill No. 567 (2021-2022 Reg. Sess.), which now requires that circumstances in aggravation used to justify imposition of the upper term be found true by the jury, admitted by the defendant, or based on prior convictions evidenced by a certified record of conviction.