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P. v. Arendas CA3
Defendant Peter John Arendas represented himself at trial, after which the jury found him guilty of making criminal threats. The trial court sentenced him to three years in prison. On appeal, defendant contends there is insufficient evidence to support his conviction. We disagree and affirm defendant’s conviction. However, we agree with his alternative argument that the imposition of the upper term was improper in light of new legislation. We conclude that his sentence must be vacated and the matter remanded to the trial court for resentencing consistent with Penal Code section 1170, as amended by Senate Bill No. 567 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 731, § 1.3) (Senate Bill 567).

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