What is the effect of a court's failure to impose a minimum sentence on a defendant's conviction for theft and receipt?
California, United States of America
The following excerpt is from People v. Demedio, E063425 (Cal. App. 2016):
erroneous because defendant's convictions for theft and receipt are based on separate property. Therefore, the trial court was required to impose a sentence on count 2 and its failure to do so was unauthorized. (People v. Bradley (1998) 64 Cal.App.4th 386, 391 [failure to impose a mandated sentence is legally unauthorized and subject to correction for the first time on appeal].)
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