P. v. Myers
On March 10, 2008, a jury convicted appellant, Gary Dale Myers, Jr., of voluntary manslaughter (Pen. Code, 192, subd. (a)),[1]a lesser included offense of the first degree murder he was charged with, and found true allegations that Myers used a deadly weapon ( 12022, subd. (b)(1)). On April 8, 2008, the court sentenced Myers to an aggregate 12-year term, the aggravated term of 11 years on the substantive offense and a one year arming enhancement. On appeal, Myers contends: 1) the court abused its discretion when it imposed the upper term; and 2) the court violated the constitutional prohibition against ex post facto laws when it sentenced him pursuant to section 1170, subdivision (b) as amended in 2007. Court find merit in Myerss first contention and remand the matter to the trial court for resentencing. In all other respects, Court affirm.
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