California, United States of America
The following excerpt is from People v. Hernandez, F075658 (Cal. App. 2020):
Because the trial court imposed the maximum possible sentence, there is no need for the court to again exercise its sentencing discretion. (People v. Buycks, supra, 5 Cal.5th at p. 896, fn. 15.) Accordingly, we will strike the section 667.5, subdivision (b), enhancement imposed in this matter. We will direct the trial court to cause to be prepared an amended abstract of judgment reflecting this modification, and to reduce appellant's total prison sentence accordingly.
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