Does the Attorney General have the authority to correct the error of a sentence imposed by a judge on a charge of assault with intent to pervert the course of justice?
California, United States of America
The following excerpt is from People v. Moallem, B277632 (Cal. App. 2018):
As the Attorney General implicitly concedes, Moallem cannot be punished twice for the same conduct. The sentence the court imposed was erroneous, even though execution of that sentence was suspended. If Moallem violates his probation, the court at that juncture will have to correct the sentence. The trial court should have imposed a sentence for each of the two counts, but then stayed the section 654-barred count. (People v. Alford (2010) 180 Cal.App.4th 1463, 1466.) The error should be corrected now; there is no reason to wait.3
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