California, United States of America
The following excerpt is from People v. Williams, E070437 (Cal. App. 2019):
Belmontes (1983) 34 Cal.3d 335, 348, fn. 8.)" (Bolian, supra, 231 Cal.App.4th at p. 1421, italics omitted; see People v. Bruce G. (2002) 97 Cal.App.4th 1233, 1247 ["An erroneous understanding by the trial court of its discretionary power is not a true exercise of discretion"].)
"Therefore, when the record indicates the court misunderstood or was unaware of the scope of its discretionary powers, we should remand to allow the court to properly exercise its discretion. [Citations.] We need not remand, however, when the record indicates the court was aware of its discretion or the record is merely silent on whether the court misunderstood its sentencing discretion. [Citation.]" (Bolian, supra, 231 Cal.App.4th at p. 1421; see People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 530, fn. 13.)
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