What is the appropriate sentence for a defendant who was convicted of a charge of assault with intent to pervert the course of justice?

based on the enhancement under section 667.61, subdivision (c). The sentence based on the enhancement that the jury found not true was erroneous and unauthorized under the law. (See People v. Irvin (1991) 230 Cal.App.3d 180, 190.)

When an appellate court becomes aware of an unauthorized sentence, the sentence should be corrected, even if it means a more severe punishment for the defendant. (See People v. Serrato (1973) 9 Cal.3d 753, 765, disapproved on other grounds by People v. Fosselman (1983) 33 Cal.3d 572, 583, fn. 1.) Here, the 15-years-to-life enhancement for the third count was unauthorized and should be stricken. The eight-year sentence for the third count that was stayed should be imposed, and the abstract of judgment and clerk's minutes should be corrected accordingly. (See People v. Gutierrez (1996) 48 Cal.App.4th 1894, 1896 [no purpose served in remanding for reconsideration when trial court indicated its sentencing choices].)