What is the effect of the Court of Appeal's Henderson Rule of Appeal when a sentence has been improperly pronounced?
California, United States of America
The following excerpt is from People v. Sanders, B220328 (Cal. App. 2012):
12.An exception to application of Henderson arises "when a trial court pronounces an unauthorized sentence. Such a sentence is subject to being set aside judicially and is no bar to the imposition of a proper judgment thereafter, even though it is more severe than the original unauthorized pronouncement." (People v. Serrato (1973) 9 Cal.3d 753, 764, fn. omitted.)
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