In light of People v. Wiley (2025) 17 Cal.5th 1069, which issued while this appeal was pending, the Court of Appeal found the trial court violated Penal Code section 1170 and the Sixth Amendment by imposing the upper term based on its findings that appellant served a prior prison term and that his convictions are of increasing seriousness. The error was not harmless. The Court accordingly vacated appellant’s sentence and remanded the matter for a full resentencing hearing.