P. v. Plasencia CA2/5
In his third appeal to this court, defendant and appellant Phillip Plasencia contends that the trial court abused its discretion in resentencing him by (1) imposing the high term in the principal count; (2) imposing consecutive sentences; and (3) imposing a weapons enhancement on each count.
On January 1, 2022, after briefing had been completed in this case, Senate Bill No. 567 (2021–2022 Reg. Sess.; Stats. 2021, ch. 731, § 1.3 (Senate Bill 567)) and Assembly Bill No. 124 (2021–2022 Reg. Sess.; Stats. 2021, ch. 695, § 5.1), which amended Penal Code section 1170, became effective. We invited the parties to submit supplemental briefing regarding the effect, if any, of the amendments to section 1170 on Plasencia’s case.
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