What is the test for reducing a sentence when the court was unaware at the time of sentencing that the sentence was too lenient?

California, United States of America


The following excerpt is from People v. Woldmskel, D072756 (Cal. App. 2018):

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.) In this case, the record does not contain such a clear indication. Although the court imposed a substantial sentence on Woldmskel, it did not express any intent to impose the maximum sentence. Indeed, it imposed midterm sentences and ran several terms concurrently. Accordingly,

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