P. v. Nelsen CA3
Appointed counsel for defendant Bryce Thomas Nelsen asked this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) On this court’s own motion, we ordered supplemental briefing by the parties on the effect of Senate Bill No. 567 (2021-2022 Reg Sess.) (Stats. 2021, ch. 731) (Senate Bill 567) on defendant’s sentence.
Defendant contends that 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, alternatively, any error was harmless.
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