Does the Attorney General have the authority to remand the sentence of a defendant convicted of a section 654 violation?

California, United States of America


The following excerpt is from People v. Meyer, A148250 (Cal. App. 2017):

The Attorney General acknowledges that we could remand the matter for resentencing but urges instead that we exercise our authority to modify the sentence. (See 1260 [authority to modify unauthorized sentence].) Where, as here, the correction of the section 654 error will not change defendant's aggregate sentence, we agree that it is appropriate and serves the interests of judicial economy to modify the sentence without a remand. (See People v. Burns (1984) 158 Cal.App.3d 1178, 1184 [staying execution of penalty for lesser offense is preferred remedy for section 654 violation where effect on aggregate sentence is minor].)

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