People v. Eggers CA4/1

DISCUSSION

After the sentencing took place in this case, the Legislature enacted Senate Bill No. 567 (2021-2022 Reg. Sess.) and Assembly Bill No. 124 (2021- 2022 Reg. Sess.) modifying section 1170, subdivision (b) by changing the requirements for trial courts regarding selection of upper term sentences.

All further statutory references are to the Penal Code unless otherwise specified.

Given the Attorney General's concession and the absence of any challenge to the convictions, it is not necessary to discuss the facts of the various offenses.

2 Eggers’s case is not final on appeal, and thus, he is entitled to the benefit of the new changes. (People v. Lopez (2022) 78 Cal.App.5th 459, 464-465.)

DISPOSITION

The sentence is reversed, and the case is remanded to the superior court with directions to conduct a new sentencing hearing and to apply the new legislative changes to section 1170, subdivision (b). In all other respects, the judgment is affirmed.

HUFFMAN, Acting P. J.

WE CONCUR:

HALLER, J.

IRION, J.

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