California, United States of America
The following excerpt is from People v. Gonzalez, B246265 (Cal. App. 2014):
Defendant was convicted in counts 1, 2, 16, 17, 18, and 21 of violating section 288.7, subdivision (a), which is not among the enumerated offenses within the scope of section 667.61. ( 667.61, subd. (c). Thus, both the jury's findings and the trial court's sentences pursuant to section 667.61 in these counts were contrary to law. Although defendant challenges only the sentence on count 2, we may correct an unauthorized sentence whenever it comes to our attention. (People v. Autry (1995) 37 Cal.App.4th 351, 364.)
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