When a court pronounces a sentence which is unenforceable under the Penal Code, can the sentence be vacated or vacated?

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.)

Other Questions


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)
If a court imposes a sentence that is unenforceable under section 1170.1, subdivision (i) of the California Criminal Code, can a reviewing court correct that sentence? (California, United States of America)
Is a sentencing court acting in excess of its jurisdiction and imposes an unauthorized sentence when it erroneously stays or fails to stay execution of a sentence under section 654 of the Criminal Code? (California, United States of America)
Is a defendant entitled to a reduced sentence from a sentencing court where the sentencing court was unaware of the scope of its discretionary powers? (California, United States of America)
What are the reasons for a sentencing court to sentence a defendant to two consecutive terms of consecutive sentences under section 654 of the Criminal Code? (California, United States of America)
When a judge's original sentencing has been struck down by the Court of Appeal, does the sentencing court have the power to impose any sentence permitted under the applicable statutes and rules on remand? (California, United States of America)
Can a sentence under section 654 of the California Criminal Code be challenged at the Court of Appeal on the grounds that the sentence was improperly sentenced? (California, United States of America)
In what circumstances will the Court remove the stay of a sentence for a second arson conviction under Penal Code section 654? (California, United States of America)
Does the Court have jurisdiction to issue an "unauthorized" sentence when it erroneously stays or fails to stay execution of a sentence under section 654 of the Criminal Code? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.