Does a failure to strike an enhancement for the first time on appeal constitute a legally unauthorized sentence subject to correction on appeal?
California, United States of America
The following excerpt is from People v. Norton, B234819 (Cal. App. 2012):
"The failure to impose or strike an enhancement is a legally unauthorized sentence subject to correction for the first time on appeal. [Citations.]" (People v. Bradley (1998) 64 Cal.App.4th 386, 391.) Accordingly, we may review this issue even if it was not raised in the trial court.
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