Does the Court have authority to remand a defendant who has pleaded guilty to a charge of aggravated assault with intent to commit an aggravated assault on a firearm?

Although respondent agrees that this amendment applies here, respondent opposes remand. Respondent contends the trial court would not have struck the firearm enhancement. (See People v. Gutierrez (1996) 48 Cal.App.4th 1894, 1896 [finding it unnecessary to remand matter for trial court to consider retroactive discretionary authority].) During sentencing, the trial court noted that appellant was only 23 years old, but he had a lengthy criminal history. The court denied probation and imposed the upper term on the attempted robbery charge. The court commented that appellant was "a bad man," so "the aggravated term" was appropriate.

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