P. v. Williamson CA3
Appointed counsel for defendant Shawn Thomas Williamson filed an opening brief setting forth the facts of the case and asking this court to review the record in order to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After we issued our opinion, affirming the judgment, defendant filed a petition for rehearing. In his petition, defendant argued that while his appeal was pending, the Legislature amended Penal Code, section 1170, subdivision (b) and he was entitled to the ameliorative benefits of those amendments. We granted the petition.
On rehearing, the People concede the recent amendments to section 1170, subdivision (b), effective January 1, 2022, apply retroactively to defendant. We accept the concession and remand the matter for resentencing in light of those amendments.
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