Is remand for resentencing required if a defendant has been convicted of assault under the Criminal Code Amendment?

Respondent acknowledges the amendment applies retroactively to defendant, but argues that remand for resentencing is not required because the record shows the trial court would not have exercised its discretion in defendant's favor even if it had known it had the discretion to do so. In general, when new statutory discretion is applied retroactively or the trial court was otherwise unaware of its discretion, a defendant is entitled to resentencing. (People v. Belmontes (1983) 34 Cal.3d 335, 348, fn. 8.) "Defendants 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. [Citation.]" (Ibid.)