Can a defendant appeal a sentence imposed under section 646.9 of the Criminal Code for stalking?

Further, unless the sentence imposed by the court may be deemed an unlawful or unauthorized sentence, respondent has no independent right to appeal it. Section 1238 specifies those decisions of a trial court from which the prosecution may appeal. Subdivision (a)(10) permits the People to appeal an unlawful or unauthorized sentence, but not the trial court's choice of the upper, middle, lower, or consecutive or concurrent terms of punishment.¹¹ Our Supreme Court has described an unauthorized sentence as one that "could not lawfully be imposed under any circumstance in the particular case." (People v. Scott, supra, 9 Cal.4th at p. 354.)

Here, appellant's two-year sentence for stalking was authorized under either section 646.9, subdivision (a) or (b). Because appellant's sentence was authorized, the People have no right to appeal it. (People v. Scott, supra, 9 Cal.4th at pp. 354-356.)

Page 36