What is the test for remand of a defendant who has pleaded guilty to a charge of assault and possession of a firearm while on remand?

California, United States of America


The following excerpt is from People v. Leon, 197 Cal.Rptr.3d 600, 243 Cal.App.4th 1003 (Cal. App. 2016):

People v. Belmontes (1983) 34 Cal.3d 335, 348, fn. 8, 193 Cal.Rptr. 882, 667 P.2d 686 ; People v. Brown (2007) 147 Cal.App.4th 1213, 1228, 54 Cal.Rptr.3d 887 ["Generally, when the record shows that the trial court proceeded with sentencing on the erroneous assumption it lacked discretion, remand is necessary so that the trial court may have the opportunity to exercise its sentencing discretion at a new sentencing hearing."].) On remand, the trial court shall exercise its discretion to run the sentences for these counts consecutively or concurrently, and state the reasons for its decision.9 (Cal. Rules of Court, rule 4.406(b)(5).)

[197 Cal.Rptr.3d 619]

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