What is the general rule on remand in a criminal case?

"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 Cal.App.4th 1213, 1228.) The general rule is remand, and here the record does not clearly indicate that remand would be futile. Accordingly, we will not depart from the general rule.