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Name: People v. Rotta
Case #: C097330
Opinion Date: 11/15/2023
Attorney: Maureen M. Bodo

On appeal, the court agreed with appellant that the trial court erroneously relied on the prosecutor’s incorrect assertions that appellant had previously agreed to the upper term sentence when it imposed the upper term. The court held that the trial court was required to apply Senate Bill No. 567 when it executed appellant’s sentence, and it could not deem the error harmless. Accordingly, the court vacated appellant’s sentence and remanded for a full resentencing.