Is a sentence for a charge of possession of a firearm under section 654 of the Criminal Code considered unauthorized?

California, United States of America


The following excerpt is from People v. Galayan, B258290 (Cal. App. 2016):

The parties have addressed whether certain aspects of the sentence are unauthorized. An unauthorized sentence "is subject to being set aside judicially and is no bar to the imposition of a proper judgment thereafter, even though it is more severe than the original unauthorized pronouncement." (People v. Serrato (1973) 9 Cal.3d 753, 764, disapproved on another point in People v. Fosselman (1983) 33 Cal.3d 572, 583; People v. Vizcarra (2015) 236 Cal.App.4th 422, 433 [when the trial court imposes an unauthorized sentence, the People may raise the point for the first time on the defendant's appeal].)

First, the parties agree that, if sentence on a substantive offense is stayed pursuant to section 654, sentence on all enhancements relating to that offense must also be stayed. (People v. Calles (2012) 209 Cal.App.4th 1200, 1221 ["When the base term of a sentence

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