P. v. Randle CA3
Following a court trial, defendant Darnell William Randle was found guilty of second degree robbery and allegations of multiple prior serious felony convictions were found true. Defendant was sentenced to 15 years in state prison based on the upper term of five years for second degree robbery, doubled for a prior strike, plus five years for another prior conviction.
While defendant’s appeal was pending, Penal Code section 1170 was amended by Senate Bill No. 567 (Stats. 2021, ch. 731, § 1.3) (Senate Bill No. 567). Both parties agree Senate Bill No. 567 applies retroactively to defendant’s case, but they disagree on whether remand is necessary. We decline to remand as the error in sentencing defendant under the prior version of the statute was harmless beyond a reasonable doubt, as we will explain. Accordingly, we affirm the judgment.
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