In what circumstances will a court remand a motion brought by appellant under section 12022.5 of the California Civil Code?
California, United States of America
The following excerpt is from People v. Behill, F074635 (Cal. App. 2018):
In supplemental briefing, appellant contends his case should be remanded to give the trial court the opportunity to exercise the discretion authorized by the amended subdivision (c) of section 12022.5. Relying on People v. Francis (1969) 71 Cal.2d 66 and In re Estrada (1965) 63 Cal.2d 740, respondent concedes the foregoing amendment applies retroactively to appellant's case when the amendment went into effect and that his case is appropriate for remand.
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