Is a sentence imposed in violation of section 654 unauthorized?

California, United States of America


The following excerpt is from People v. Cabral, C060729 (Cal. App. 2/8/2010), C060729. (Cal. App. 2010):

A sentence imposed in violation of section 654 is unauthorized. (People v. Scott (1994) 9 Cal.4th 331, 354, fn. 17.) Under our authority to correct an unauthorized sentence (People v. Blackburn (1999) 72 Cal.App.4th 1520, 1534), we shall strike defendant's sentence on count 2 and direct the trial court to prepare a corrected abstract of judgment reflecting the reduced sentence.

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