California, United States of America
The following excerpt is from People v. Blacknell, A135721 (Cal. App. 2018):
They are in disagreement as to whether remand is appropriate. Defendant asserts that it is. The People maintain otherwise because " 'doing so would be an idle act that exalts form over substance because it is not reasonably probable the court would impose a different sentence,' " citing People v. Coelho (2001) 89 Cal.App.4th 861, 889. The People contend "the trial court's comments at sentencing, and the extreme violence of appellant's prolonged pattern of criminal conduct, make it all but inevitable that remand would result in nothing more than reaffirmation of the various firearm enhancements," and thus "remand would be a futile act."
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