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Name: People v. Jones
Case #: F080777
Opinion Date: 06/08/2022
Attorney: Donn Ginoza

The Court of Appeal agreed with the parties that Assembly Bill No. 518 (2021-2022 Reg. Sess.), which amended Penal Code section 654 to give 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), retroactively applies to the appellant’s case. The appellant is entitled to a full resentencing. The court further held the trial court’s imposition of a 7-year term (stayed pursuant to Penal Code section 654) on an offense with a middle term of 3 years and a high term of 5 years was unauthorized.