What is the appropriate remedy for a defendant who has been found guilty of a charge of possession of a dangerous substance abuse offence and who is remanded for resentencing?

California, United States of America


The following excerpt is from People v. Thurman, C074919 (Cal. App. 2019):

As our high court has observed, " '[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.' [Citation.] In such circumstances, we have held that the appropriate remedy is to remand for resentencing unless the record 'clearly indicate[s]' that the trial court would have reached the same conclusion 'even if it had been aware that it had such discretion.' " (People v. Gutierrez (2014) 58 Cal.4th 1354, 1391, italics added.)

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