California, United States of America
The following excerpt is from People v. Sims, C074948 (Cal. App. 2018):
"Generally, when the record shows that the trial court proceeded with sentencing on the erroneous assumption it lacked discretion, remand is necessary so that the trial court may have the opportunity to exercise its sentencing discretion at a new sentencing hearing." (People v. Brown (2007) 147 Ca.App.4th 1213, 1228.) Thus, the general rule is remand. In this case, we will not depart from the general rule.
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