After the Court of Appeal initially affirmed appellant’s upper term sentence, the case was grant and held behind People v. Lynch (2024) 16 Cal.5th 730. After the case was decided, the California Supreme Court transferred the matter back to the Court of Appeal with directions to vacate its prior decision and reconsider the cause in light of Lynch. On transfer, the Court of Appeal held the sentence must be vacated and the matter remanded for resentencing in light of Lynch because an upper term sentence was imposed, at least in part, based on an aggravating factor not proved in compliance with section 1170, subdivision (b) and the record contains no clear indication the trial court would have imposed the same sentence if it understood the new scope of its discretion.