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Court Orders Resentencing per PC 1170

Updated: Jul 13, 2022

California v. Zabelle Docket: C093173 (Third Appellate District), Opinion Date: July 11, 2022. A jury found defendant Anthony Zabelle guilty of second-degree robbery. It also found true the allegation he inflicted great bodily injury during the commission of the robbery. On appeal, defendant challenged his conviction and resulting sentence for two reasons: (1) the trial court wrongly admitted a confession he made to officers following an allegedly coercive interrogation; and (2) based on a recent amendment to Penal Code section 1170 that became effective January 1, 2022, defendant argued the Court of Appeal should remand the case to the trial court for resentencing consistent with the current statutory text. The Court found defendant’s second argument, not his first, persuasive. The Court agreed that premised on section 1170’s new language, remand for resentencing was appropriate. The Court remanded the case to the trial court for resentencing consistent with section 1170’s then-current text and otherwise affirmed.

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