California, United States of America
The following excerpt is from People v. Mancia, A148968 (Cal. App. 2017):
As an initial matter, we agree the court erred in failing to sentence defendant on counts 6 and 7. The jury found defendant guilty on these counts. Consequently, the court was obligated to impose sentences. (People v. Alford (2010) 180 Cal.App.4th 1463, 1468 [" 'Upon conviction it is the duty of the court to pass sentence on the defendant and impose the punishment prescribed. [Citations.] Pursuant to this duty the court must either sentence the defendant or grant probation in a lawful manner; it has no other discretion.' "].) Failure to sentence a defendant results in an unauthorized sentence. (Id. at p. 1473.) The court thus was obligated to sentence defendant on all counts, including counts 6 and 7. However, whether any sentences should have been stayed under section 654 raises a separate question.
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