California, United States of America
The following excerpt is from People v. Washington, B240012 (Cal. App. 2014):
The trial court selected count 1 as the principal term, and count 2 was the subordinate term. On count 2, the court correctly imposed one-third the midterm for the substantive offense, but imposed the full one year for the firearm enhancement and the full 10 years for the gang enhancement. When a 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 court. (People v. Massengale (1970) 10 Cal.App.3d 689, 693.)
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