P. v. Hernandez CA1/2
Defendant Ernie Hernandez appeals from his conviction of evading an officer with willful or wanton disregard for the safety of persons or property, raising a claim of instructional error. We agree with Hernandez that the instruction given to the jury misstated one of the ways “willful or wanton disregard” may be proved, but we find the error harmless.
After the parties completed their appellate briefing, Penal Code section 1170 was amended by Senate Bill No. 567 (2021-2022 Reg. Sess.) (S.B. No. 567), and we requested supplemental briefing on whether the new law affects this appeal. The parties agree Hernandez is entitled to resentencing under S.B. No. 567.
We remand for resentencing under S.B. No. 567 and otherwise affirm the judgment.
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