Does section 1385 of the Penal Code apply to remand for discretionary consideration by the sentencing court?

3 In People v. White Eagle, supra, 48 Cal.App.4th at p. 1523, 56 Cal.Rptr.2d 749, the court stated: "[T]he language of Romero does not discuss how a reviewing court, examining the matter on appeal, is to determine when or under what circumstances the matter should be remanded for discretionary consideration by the sentencing court pursuant to section 1385. Absent direction to the contrary, we resort to well-settled principles of appellate review.... [p] From a silent record, we cannot determine the sentencing court misunderstood its authority or discretion. 'We must indulge in every presumption to uphold a judgment, and it is the defendant's burden on appeal to affirmatively demonstrate error--it will not be presumed. [Citations.]' [p] Accordingly, from this silent record, we find no error."