P. v. Kain CA5
Defendant Daniel Wayne Kain pled no contest to robbery and admitted a firearm allegation. On appeal, defendant argues that his sentence must be vacated and the matter remanded in light of Assembly Bill No. 124’s (2021–2022 Reg. Sess.) (Assembly Bill 124) amendments to Penal Code section 1170, subdivision (b)(6). The People agree that the amendments to section 1170, subdivision (b)(6), apply retroactively to defendant and require defendant’s sentence to be vacated, and the matter to be remanded for resentencing. We vacate defendant’s sentence and remand for resentencing. In all other respects, the judgment is affirmed.
Comments on P. v. Kain CA5