Is a defendant's sentence based on misinformation regarding a material aspect of his criminal record?

California, United States of America

The following excerpt is from People v. Panyanouvong, C083303 (Cal. App. 2020):

Moreover, " '[d]efendants are entitled to sentencing decisions made in the exercise of the "informed discretion" of the sentencing court. [Citations.] A court which is unaware of the scope of its discretionary powers can no more exercise that "informed discretion" than one whose sentence is or may have been based on misinformation regarding a material aspect of a defendant's record.' " (People v. Gutierrez (2014) 58 Cal.4th 1354, 1391 [remand appropriate because the record did not clearly indicate the

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