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Name: People v. Moore
Case #: C094903
Opinion Date: 03/29/2023
Attorney: Matthew J. Smith

The Court of Appeal agreed with the parties that Assembly Bill No. 518, which modified 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), applies retroactively to the appellant’s case. Nothing in the record clearly indicated that the trial court would have chosen to punish the appellant under the provision with the longest term had it had discretion to do otherwise at the time of sentencing. The court ordered the matter remanded for resentencing.