People v. Villa CA6
Opinion
Opinion
facts underlying those circumstances have been stipulated to by the defendant, or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial.” (§ 1170, subd. (b)(2).) Here, the trial court at resentencing did not cite any circumstances in aggravation that could have justified imposition of the upper term; the court simply stated it believed our prior opinion in this matter gave it the discretion to impose another 10-year term and that such a term was “appropriate.” Nothing in the record indicates that Villa stipulated to any facts underlying any aggravated circumstances or that such facts were found beyond a reasonable doubt by a jury or the trial court. Furthermore, the amended version of section 1170, as an ameliorative change in the law, applies retroactively to all nonfinal
People v. Villa (Feb. 21, 2020, H046515) [nonpub. opn.]. 2 convictions on appeal. (Flores, supra, 73 Cal.App.5th at p. 1039.) Villa’s case is not yet final, so he is entitled to the benefit of the new law. Accordingly, we will reverse the judgment and remand to the trial court for resentencing consistent with section 1170 as amended.