P. v. Sango CA5
Stacey Adam Sango was convicted by jury of assault with force likely to cause great bodily injury. Originally, he challenged that conviction claiming the trial court erroneously excluded evidence relevant to determining the force with which he committed the assault. He also took issue with certain fines and fees imposed as part of his sentence. We affirmed.
After the original opinion was filed, Sango moved to recall the remittitur and petitioned for rehearing contending newly enacted Senate Bill No. 567 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 731, §§ 1-1.3) (SB 567), which requires most sentence-aggravating factors to be proven beyond a reasonable doubt, applies retroactively to his case. He claims, under the new law, the trial court could not have relied on certain aggravating factors in pronouncing judgment because they were not proven beyond a reasonable doubt.
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