P. v. Segundo CA4/2
Defendant and appellant Felipe Edgar Segundo impregnated his 13-year-old niece and was sentenced to a term of 35 years to life. On appeal, he raised four issues, three of which related to the propriety of the allegation that he personally inflicted great bodily injury (via the pregnancy), and the fourth of which stemmed from the lack of an outer time limit on Segundo’s no contact order with his victim. We affirmed the judgment but reversed the no contact order, directing the trial court to determine again whether to impose such an order.
Segundo petitioned for Supreme Court review. The Court granted review and transferred the case back to this court with directions to vacate our decision and to reconsider the case in light of Assembly Bill No. 124 (Stats. 2021, ch. 695). We ordered supplemental briefing from the parties.
We agree with Segundo that resentencing is proper under Assembly Bill No. 124. Accordingly, we vacate the sentence and remand for resentencing under the new law.
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