Can remand a defendant on remand be reduced to a reduced sentence even if the sentence was not reduced at the time of sentencing?
California, United States of America
The following excerpt is from People v. Lopez, F074405 (Cal. App. 2020):
clear indication trial court would not have reduced the sentence even if it had the discretion to do so at the time of sentencing].) However, if "'the record shows that the trial court would not have exercised its discretion even if it believed it could do so, then remand would be an idle act and is not required.'" (People v. Gamble (2008) 164 Cal.App.4th 891, 901.)
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