P. v. Sanders CA6
A jury found defendant Darren Sanders guilty of first degree burglary and misdemeanor resisting an officer. The trial court sentenced Sanders to 17 years in prison, including an upper term of six years (doubled, due to a prior strike conviction) for the burglary and a consecutive five-year sentence enhancement for a prior serious felony conviction.
On appeal, Sanders contends that recent amendments to Penal Code section 1170 apply retroactively to his case and, thus, we should vacate his sentence and remand for a new sentencing hearing consistent with current law. The Attorney General counters that remand is unnecessary because the record makes clear the trial court will not reduce Sanders’s sentence any further than it did at his original sentencing.
For the reasons explained below, we vacate Sanders’s sentence and remand the matter for resentencing. Sanders’s convictions are affirmed.
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