What is the effect of the Court of Appeal's decision not to grant a continuance?

Under the circumstances of this case, substantial justice would have been accomplished if the continuance was granted. We cannot say that substantial justice occurred with the denial. (See People v. Doolin, supra, 45 Cal.4th at p. 450 [the most important consideration in granting or denying a continuance is whether substantial justice will result].) An abuse of discretion occurred. Accordingly, we remand the matter for the limited purpose of affording appellant an opportunity to file a motion to withdraw his plea. Any such motion must be filed in the superior court on or before 60 calendar days of the issuance of the remittitur. If appellant files no such motion within that time, or if the motion is denied, the judgment is affirmed.²

II. Application of Penal Code Section 12022.7 Was Proper In This Case.