P. v. Key CA2/3
APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Garcia, Judge. Sentence vacated and remanded with directions.
Nicholas Seymour, under appointment by the Court of Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Michael J. Wise, Deputy Attorneys General, for Plaintiff and Respondent.
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A jury convicted Dametri Key of one count of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)). The jury found not true a section 12022.7, subdivision (a) allegation that Key personally inflicted great bodily injury. The trial court sentenced Key to the upper term of four years in state prison.
While this appeal was pending, Senate Bill No. 567 (2021–2022 Reg. Sess.) (Senate Bill 567), amended section 1170 and became effective on January 1, 2022. (Stats. 2021, c
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