Does the Attorney General have any grounds to argue that remand would necessarily be futile?

We disagree with the Attorney General that remand would necessarily be futile. Here, the trial court gave no indication about whether it would impose the then-mandatory enhancement if it had discretion to do so. Most cases that have considered the propriety of a limited remand, including this court, have concluded that where a trial court has never considered the exercise of discretion it has newly acquired, an appellate court should not, in the absence of extraordinary circumstances, hazard a guess as to how such discretion would have been exercised. (See, e.g., People v. McDaniels (2018) 22

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