What is the test for determining whether a defendant forfeited his right to a remand for resentencing for failing to reduce his weight before sentencing?

California, United States of America


The following excerpt is from People v. Escobargodinez, E071824 (Cal. App. 2020):

From the trial court's comment that the weight enhancement was "mandatory consecutive," it appear to have misunderstood the scope of its discretion. The People do not contend that defendant forfeited the error. They also do not contend that the trial court could not possibly have found circumstances in mitigation. "Because [defendant] was entitled to a sentencing decision made in the exercise of the 'informed discretion' of the court [citation], and the court in this case was mistaken as to the scope of its discretionary powers, a remand for resentencing is appropriate. [Citations.]" (People v. Jones (2007) 157 Cal.App.4th 1373, 1383.)

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