What is the test for a reduction in a sentence when the sentencing judge was unaware it had a chance to reduce the sentence?
California, United States of America
The following excerpt is from People v. Mackenzie, B282720 (Cal. App. 2019):
When, as here, a court is unaware it had the discretion to reduce a sentence, "[r]emand is required unless the record reveals a clear indication that the [court] would not have reduced the sentence even if at the time of sentencing it had the discretion to do so. [Citation.]" (People v. Almanza (2018) 24 Cal.App.5th 1104, 1110.)
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