Can a court modify a judgment where there is a legal impediment to imposition of punishment pursuant to a finding made by the jury?
California, United States of America
The following excerpt is from People v. Valles, 262 Cal.Rptr.3d 674, 49 Cal.App.5th 156 (Cal. App. 2020):
or determine the punishment to be imposed. ( 1181, subds. (6), (7).) In other words, a trial or appellate court may modify a judgment where there is a legal impediment to imposition of punishment pursuant to a finding made by the jury. ( People v. Fialho, supra , 229 Cal.App.4th at pp. 1395-1396, 178 Cal.Rptr.3d 1.) But the authority to do so is not conferred by section 1385.
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