Does a defendant have the right to appeal against his unlawful sentence?

Respondent also asserts that this matter should be dismissed because defendant waived his right to appeal as part of his plea bargain. However, an unauthorized or illegal sentence may be considered at any time. (People v. Scott (1994) 9 Cal.4th 331, 354.) In addition, sentencing errors that occur subsequent to the plea may be subject to appeal, regardless of the existence of a waiver. (See, e.g., People v. Sherrick (1993) 19 Cal.App.4th 657, 659.) Based on defendant's challenge of an unlawful sentence, his waiver of his appellate rights does not require that this matter be dismissed.

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