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Name: Senate Bill No. 567

The Court of Appeal held the trial court erred under Penal Code section 1170, subdivision (b), when it considered two aggravating sentencing factors that weren’t decided by the jury, stipulated to by appellant, or proven by certified records. Appellant did not forfeit his claim by failing to raise it before the trial court. The error was not harmless because there is a reasonable probability the court would have imposed a lesser sentence in the absence of the improperly considered factors. The Court of Appeal remanded the matter for resentencing in compliance with section 1170.