P. v. Gonzales CA5
On February 17, 2019, defendant Anthony Daniel Gonzales, was found guilty of 16 separate counts involving three different victims. In this appeal, defendant challenges the sentences imposed for two of these counts. Initially, defendant only questioned whether the charging document provided adequate notice that a conviction of count 1 could lead to a sentence of life without the possibility of parole. After this case was fully briefed, defendant was given permission to file a supplemental brief on whether he is entitled to be resentenced following the passage of Senate Bill No. 567 (Reg. Sess. 2021−2022) (Senate Bill 567), resulting in the amendment of Penal Code section 1170. While we conclude defendant’s conviction and sentence for the crime charged in count 1 was appropriate, we remand this matter for the trial court to resentence defendant because the sentence imposed for his conviction in count 6 violates the newly amended section 1170.
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