What is the appropriate punishment for a defendant who has been convicted of a charge of possession of an illegal substance abuse offence?

California, United States of America


The following excerpt is from People v. Cazares, H044099 (Cal. App. 2018):

Here, the trial court did not impose either a fine or a jail sentence. " 'Upon conviction it is the duty of the court to pass sentence on the defendant and impose the punishment prescribed. (Pen. Code, 12; [case citations].) Pursuant to this duty the court must either sentence the defendant or grant probation in a lawful manner; it has no other discretion.' " (People v. Alford (2010) 180 Cal.App.4th 1463, 1468 (Alford).) "A sentence must be imposed on each count, otherwise if the nonstayed sentence is vacated, either on appeal or in a collateral attack on the judgment, no valid sentence will remain." (Id. at p. 1469.) The court's imposition of "no time" for defendant's conviction for count 3 constitutes an unauthorized sentence, because it is not the punishment prescribed by the law.

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