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Name: People v. Smart
Case #: F083799
Opinion Date: 08/24/2023
Attorney: Victoria H. Stafford

The Court of Appeal found the trial court erred in imposing the upper term after finding true aggravating circumstances that were not brought before the jury. The sentence was unauthorized under Penal Code section 1170, subsection (b) as amended by Senate Bill No. 567 (2021–2022 Reg. Sess.), which took effect prior to appellant’s sentencing. Because the sentence was unauthorized, appellant did not forfeit the issue by failing to object at the sentencing hearing. The Court of Appeal remanded for resentencing and further ordered the trial court to correct an error in the abstract of judgment.