P. v. Vigil CA2/4
In two separate jury trials, defendant and appellant Aaron Anthony Vigil was convicted of various crimes, including mayhem and assault with a deadly weapon. The trial court sentenced him to an upper term on the mayhem count and stayed sentencing on the assault count under Penal Code section 654. On appeal, this court concluded the trial court prejudicially erred by relying on improper aggravating factors in imposing the upper term on the mayhem count. We remanded the matter to the trial court for a resentencing hearing. At the resentencing hearing, the trial court sentenced Vigil to a middle term on the mayhem count. Vigil now raises one contention on appeal – that the matter should be remanded to allow the trial court to reconsider his sentence in light of recently-enacted Assembly Bill 518 (AB 518). AB 518 amended section 654 by removing the requirement that a defendant be punished for the offense with the longest term of imprisonment (2021-2022 Reg. Sess.) (Stats 2021, Ch. 441). F
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