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) and Senate Bill No. 567 (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) apply retroactively to the appellant’s case. The matter was remanded for resentencing.