If a court imposes a sentence that is unenforceable under section 1170.1, subdivision (i) of the California Criminal Code, can a reviewing court correct that sentence?

California, United States of America


The following excerpt is from People v. Crooks, 55 Cal.App.4th 797, 64 Cal.Rptr.2d 236 (Cal. App. 1997):

If a trial court imposes a sentence unauthorized by law, a reviewing court may correct that sentence whenever the error is called to the court's attention. (People v. Serrato (1973) 9 Cal.3d 753, 763, 109 Cal.Rptr. 65, 512 P.2d 289.) Defendant in his reply brief makes no argument that the sentence imposed here was permissible in light of the clear mandate of section 1170.1, subdivision (i) (aside from his erroneous claim that section 1170.1, subdivision (a), rather than subdivision (i), controls). Instead he argues that the People have waived their claim of error, either because they failed to raise it below at the time of sentencing (see People v. Scott (1994) 9 Cal.4th 331, 353, 36 Cal.Rptr.2d

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