California, United States of America
The following excerpt is from People v. Gonzalez, B255725 (Cal. App. 2018):
Defendant contends that the amendment is applicable to his case and that we should remand the case for the trial court to exercise its discretion under section 12022.53, subdivision (h). The Attorney General concedes the amendment is retroactive but contends remand would be futile because the record shows the trial court would not have exercised discretion to strike the firearm enhancement. Specifically, the Attorney General argues the trial court is unlikely to strike the enhancement in light of defendant's criminal history and the violent nature of his crimes. (See People v. Gutierrez (1996) 48 Cal.App.4th 1894, 1896 [remand is required "unless the record shows that the sentencing court clearly indicated that it would not . . . have exercised its discretion to strike the allegations"].)
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