Can a defendant appeal from the denial of Romero relief under section 1385 and seek remand on the ground that the trial court failed to properly exercise its discretion?

Although a defendant may appeal from the denial of Romero relief under section 1385 and seek remand on the ground that the trial court failed to properly exercise its discretion, the "error must affirmatively appear on the record." (People v. Gillispie (1997) 60 Cal.App.4th 429, 434.) Where, as here, the record is "'silent,'" it is not "appropriate to rely upon the rule that a trial court ordinarily is presumed to have correctly applied the law [citations]." (People v. Fuhrman (1997) 16 Cal.4th 930, 945 (Fuhrman).) Nevertheless, absent "any affirmative indication in the record that the trial court committed error or would have exercised discretion under section 1385 to strike the prior conviction if it believed it had such discretion, relief on appeal is not appropriate in this context." (Ibid.)