When will a court strike Page 31 of the Criminal Code Amendment?

The Attorney General concedes the amendment applies to defendant, but argues a remand is not appropriate because there is no reason to believe the trial court would exercise its discretion to strike the firearm enhancement. The Attorney General points to the multiple circumstances in aggravation, the absence of any mitigating circumstances, the circumstances of the offense, and the court's statements at sentencing. We acknowledge these factors, but conclude that, given the mandatory length of the sentence, the record does not clearly indicate the trial court would not have exercised its discretion to strike the firearm enhancement had it known it had such discretion. (See People v. Gutierrez (2014) 58 Cal.4th 1354, 1391.) While we may doubt the trial court will strike

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