P.v. Dahlem CA3
Defendant Jacob Michael Dahlem appeals the trial court’s judgment denying his request for probation and sentencing him to an aggregate prison term of six years. He asserts and the People agree that: (1) the trial court erred in determining he was presumptively ineligible for probation; and (2) he is entitled to remand for a full resentencing in light of recent amendments to Penal Code section 1170. For the reasons explained herein, we concur that defendant is entitled to remand for a new probation determination and full resentencing under amended section 1170. Accordingly, we will vacate defendant’s sentence and remand for further proceedings consistent with this opinion.
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