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Name: People v. Moye Jr.
Case #: C095095
Opinion Date: 01/06/2023
Attorney: Roberta Simon

The Court of Appeal agreed with the parties that the appellant’s case must be remanded for resentencing pursuant to Senate Bill No. 567 (2021-2022 Reg. Sess.), which generally limits the trial court’s ability to impose an upper term sentence unless aggravating circumstances have been stipulated to by the defendant or found true beyond a reasonable doubt by a jury or by the court in a court trial. While the jury found the appellant committed three of the crimes while he was on bail and had one prior conviction, most of the factors in aggravation supporting the appellant’s upper term sentence were neither stipulated to nor found true beyond a reasonable doubt by the jury or trial court.