Can a judge set aside an unauthorized sentence and replace it with a proper sentence?

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.)

Other Questions


Can a sentencing judge who did not preside over the trial and has "minimal familiarity with the case" exercise his discretion in imposing harsher individual sentencing terms than the prior sentencing judge? (California, United States of America)
What is the test for a reduction in a sentence when the sentencing judge was unaware it had a chance to reduce the sentence? (California, United States of America)
Does a judge who sentenced a defendant to a determinate and indeterminate sentence need to serve the determinate sentence equally? (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)
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)
Is a sentence imposed in violation of section 654 of the Criminal Code, or is it an unauthorized sentence? (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)
Does a sentencing court have to state the reasons for its sentence choice on the record at the time of sentencing? (California, United States of America)
When will a judge exercise his discretion in sentencing a defendant to a sentence that is too long? (California, United States of America)
Is a federal sentencing scheme that allows a federal judge to impose a sentence above the statutory maximum based on a fact other than a prior conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.