Is a failure to pronounce sentence on count IV section 12022.3 an unauthorized sentence and subject to correction on remand?
California, United States of America
The following excerpt is from People v. Price, 184 Cal.App.3d 1405, 229 Cal.Rptr. 550 (Cal. App. 1986):
6 The failure to pronounce sentence on a count is an unauthorized sentence and subject to correction on remand. (See People v. Benton (1979) 100 Cal.App.3d 92, 102, 161 Cal.Rptr. 12, and cases cited therein.) Thus, as to the count IV section 12022.3 enhancement, there is no question that a harsher term (viz., imposition of the enhancement) could result on remand.
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