P. v. Smith CA5
Defendant Dejarrne Joden Smith was convicted of several crimes involving his attack and rape of a woman who was walking home in the early morning. On appeal, we remanded for resentencing in light of Senate Bill No. 1393 (2017–2018 Reg. Sess.) (Senate Bill 1393). Defendant now appeals from the resentencing, contending we should again remand for resentencing in light of more new legislation, Senate Bill No. 567 (2021–2022 Reg. Sess.) (Senate Bill 567). The People concede and we agree. Thus, we vacate the sentence and remand for resentencing. In all other respects, we affirm.
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