P. v. Provost CA4/3
This is the third opinion we have written in this case. Following our most recent one, we granted rehearing to consider the effect of Assembly Bill No. 518 (AB 518) on appellant’s sentence. Effective January 1, 2022, AB 518 amended Penal Code section 654 to give trial courts the authority to impose sentence for any offense, not just the greatest offense, when that section applies to preclude multiple punishment for crimes that were based upon a single act or omission. Because the judgment in this case is not yet final, we agree with the parties that appellant is entitled to the benefit of AB 518, as well as any other new sentencing provisions that may apply to his case. Therefore, we reverse appellant’s sentence and remand the matter for a new sentencing hearing. We also direct the trial court to resolve a key factual issue relating to appellant’s presentence credits. In all other respects, we affirm the judgment.
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