What is the test for remand when remand is sought?
California, United States of America
The following excerpt is from People v. Tholmer, C080979 (Cal. App. 2019):
As the majority recognizes " '[i]f the record shows that the trial court would not have exercised its discretion even if it believed it could do so, then remand would be an idle act and is not required.' [Citation.]" (People v. Gamble (2008) 164 Cal.App.4th 891, 901.)
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