P. v. Fox CA3
Defendant Gary Glen Fox appeals from his sentence in three criminal cases. Specifically, defendant contends that we must remand for resentencing because the trial court’s imposition of an upper term sentence on the principal count does not satisfy the new requirements of Senate Bill No. 567 (2021-2022 Reg. Sess.) (Senate Bill 567), which took effect while his appeal was pending and applies retroactively to his case. The People agree.
We conclude Senate Bill 567 is an ameliorative statute that applies retroactively to defendant’s nonfinal case and defendant is entitled to resentencing under the amended statute. We accordingly vacate the sentence and remand the matter to the trial court to resentence defendant.
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