California, United States of America
The following excerpt is from People v. Flowers, 162 Cal.App.3d 286, 208 Cal.Rptr. 268 (Cal. App. 1984):
Respondent contends that the trial court erred by ordering that the five-year sentences on the two prior convictions run concurrent with each other. He correctly points out that this court has the authority to set aside an unauthorized sentence and impose a proper sentence in its place, "even though it is more severe than the original unauthorized pronouncement." (People v. Serrato (1973) 9 Cal.3d 753, 764, 109 Cal.Rptr. 65, 512 P.2d 289, disapproved on other grounds in People v. Fosselman (1983) 33 Cal.3d 572, 583, fn. 1, 189 Cal.Rptr. 855, 659 P.2d 1144.)
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