P. v. Quiroz CA4/2
On October 16, 2020, this court issued an unpublished opinion in defendant’s underlying appeal in People v. Quiroz (Oct. 16, 2020, E069820) [nonpub. opn.] (Quiroz1). In Quiroz1, we reversed two attempted murder counts pursuant to the Supreme Court’s intervening decision in People v. Canizales (2019) 7 Cal.5th 591, on the kill zone theory, and one of the conspiracy counts. We remanded the case to the trial court for resentencing.
On June 11, 2021, the trial court resentenced defendant to 25 years to life, plus four years in state prison.
On July 19, 2021, defendant filed a notice of appeal regarding his sentence.
DISCUSSION
Defendant’s sole contention on appeal is that the enactment of AB 518 requires this case to be remanded to the trial court so the court can exercise its discretion under newly-amended section 654. The People agree that AB 518 applies retroactively to defendant and the case should be remanded. We agree with the parties.
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