Can the Court of Appeal intervene in the first instance when an improper sentence is imposed without objection?

California, United States of America


The following excerpt is from People v. Johnston, H045905 (Cal. App. 2019):

6. By contrast, appellate courts may intervene in the first instance when an "unauthorized" sentence is imposed without objection, "because such error is 'clear and correctable' independent of any factual issues presented by the record at sentencing." (People v. Scott (1994) 9 Cal.4th 331, 354.)

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