California, United States of America
The following excerpt is from People v. Morrison, 245 Cal.Rptr.3d 849, 34 Cal.App.5th 217 (Cal. App. 2019):
" "Defendants are entitled to sentencing decisions made in the exercise of the informed discretion of the sentencing court. [Citations.] A court which is unaware of the scope of its discretionary powers can no more exercise that informed discretion than one whose sentence is or may have been based on misinformation regarding a material aspect of a defendants record." " ( People v. Billingsley (2018) 22 Cal.App.5th 1076, 1081, 232 Cal.Rptr.3d 277.) At the time of resentencing, no published case had held an uncharged lesser firearm enhancement could be imposed in lieu of an enhancement under section 12022.53, subdivision (d) in connection with striking the greater enhancement. The amendment to section 12022.53 was new, and because it does not appear the court considered the issue now raised, we remand for resentencing. We express no opinion as to how the court should exercise its discretion on remand.
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