What is the test for vacating a sentence in a criminal case when the sentence was found to be unenforceable under the Penal Code?
California, United States of America
The following excerpt is from People v. Wilson, E071153 (Cal. App. 2020):
It is " 'well established that when the trial court pronounces a sentence which is unauthorized by the Penal Code that sentence must be vacated and a proper sentence imposed whenever the mistake is appropriately brought to the attention of the . . . reviewing court.' " (People v. Rowland (1988) 206 Cal.App.3d 119, 126.)
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