The Court of Appeal 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. The court also held the fees imposed under former Government Code section 29550.2 must be vacated in light of the enactment of Assembly Bill No. 1869 (2019-2020 Reg. Sess.).
Name: People v. Jones
Case #: C094454
Opinion Date: 12/05/2022
Attorney: Jill Klein
Summary