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Name: People v. Gutierrez
Case #: C094761
Opinion Date: 08/10/2022
Attorney: Lynette Moore

The Court of Appeal agreed with the parties that remand was required for resentencing under Penal Code section 1170, subdivision (6), which was amended by Senate Bill No. 567 (2021-2022 Reg. Sess.) to create a presumption in favor of a low prison term when a defendant is under 26 years of age at the time of the offense. The court advised that upon remand, the trial court can reconsider the appellant’s sentence under section 1170, subdivisions (b)(1) and (2) as well. Finally, the court held that the appellant was entitled to 90 additional days of presentence credit under Penal Code section 2900.5.