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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