Does the Court have jurisdiction to issue an "unauthorized" sentence when it erroneously stays or fails to stay execution of a sentence under section 654 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Ward, A138750 (Cal. App. 2014):

Although Ward did not raise this argument at sentencing, we may nonetheless review it on appeal. "It is well settled . . . that the court acts in 'excess of its jurisdiction' and imposes an 'unauthorized' sentence when it erroneously stays or fails to stay execution of a sentence under section 654. [Citations.]" (People v. Scott (1994) 9 Cal.4th 331, 354, fn. 17.) An "unauthorized sentence" can be corrected whenever it is brought to the reviewing court's attention, even if no objection was made below. (Ibid.)

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