What is the test for remand when a trial court is unaware that it has the power to reduce a defendant's sentence?

California, United States of America


The following excerpt is from People v. Pedroza, B286431 (Cal. App. 2020):

Where a trial court is unaware that it has the discretion to reduce a defendant's sentence, "[r]emand is required unless the record reveals a clear indication that the trial court would not have reduced the sentence even if at the time of sentencing it had the discretion to do so." (People v. Almanza (2018) 24 Cal.App.5th 1104, 1110; see People v. Gutierrez (1996) 48 Cal.App.4th 1894, 1896 [remand unnecessary where "the trial court indicated that it would not, in any event, have exercised its discretion to lessen the sentence"].)

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