P. v. Lynch CA3
A jury found defendant Deandre Lynch guilty of three counts of domestic violence and one count of simple assault. The trial court imposed an upper term sentence on the principal domestic violence count. Defendant contends that Senate Bill No. 567 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 731) (Senate Bill 567), which took effect while his appeal was pending, applies retroactively to his case and requires reversal of his sentence and remand for resentencing. The People agree Senate Bill 567 applies retroactively but argue the trial court sufficiently complied with the new law in selecting an upper term sentence and any error was harmless. We agree with the parties that Senate Bill 567 applies retroactively. We further conclude that the trial court’s consideration of aggravating circumstances that are inconsistent with the new statutory standard was harmless error.
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