What is the test for remand for a defendant who has been convicted of assault with intent to murder and possession of a firearm enhancement?
California, United States of America
The following excerpt is from People v. Mendoza, C078817 (Cal. App. 2018):
However, remand is not needed where it would serve no purpose, i.e., where the record clearly shows the trial court would not have stricken the gun enhancement if it had the discretion to do so when it imposed sentence. (People v. Gutierrez (1996) 48 Cal.App.4th 1894, 1896.)
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