California, United States of America
The following excerpt is from People v. Ayon, 46 Cal.App.4th 385, 53 Cal.Rptr.2d 853 (Cal. App. 1996):
7 Even though the Attorney General did not file an appeal here, we consider this contention because it is based on the theory that by failing to impose the mandatory enhancements, the court imposed an unauthorized sentence. An unauthorized sentence is an "exception to the general requirement that only those claims properly raised and preserved by the parties are reviewable on appeal." (People v. Scott (1994) 9 Cal.4th 331, 354, 36 Cal.Rptr.2d 627, 885 P.2d 1040.) Furthermore, it is well established that when a defendant lays his cause on our doorstep, he subjects himself to a thorough review of the proceedings below, and an unauthorized sentence must be vacated and a proper sentence imposed whenever such a mistake is discovered. (People v. Hickey (1980) 109 Cal.App.3d 426, 435, 167 Cal.Rptr. 256.)
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