Where the record reveals that the court was unaware of the fact that a defendant had pleaded guilty to a charge against him, is he entitled to remand for resentencing?

California, United States of America


The following excerpt is from People v. Murguia, E055598 (Cal. App. 2013):

Where the record reveals the court was unaware of its discretion a defendant is entitled to remand for resentencing. (People v. Askey (1996) 49 Cal.App.4th 381, 388.)

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