P. v. Munoz CA2/8
When a defendant seeks resentencing under Penal Code section 1172.75 and a court reimposes an upper term sentence, must it apply the heightened factfinding of recently amended Penal Code section 1170? Our Supreme Court is considering this issue. Appellate courts are mostly — but not entirely — united in answering this question “no.” We gave this answer one month ago in People v. Moss (2026) 120 Cal.App.5th 375, 377 (Moss). We
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