California, United States of America
The following excerpt is from People v. Baker, G048818 (Cal. App. 2015):
Defendant appeals, claiming prosecutorial misconduct, ineffective assistance of counsel, and the failure to instruct on a lesser included offense require reversal. We find defendant's arguments unpersuasive. However, we sought and obtained supplemental briefing from the parties on whether the trial court imposed an unlawful sentence (see People v. Neely (2009) 176 Cal.App.4th 787, 798-799 [manner sentences are to be calculated when court sentences on indeterminate and determinate terms]) on the attempted murder and its concomitant enhancement. We have considered the supplemental briefs and conclude the sentence imposed by the court is unauthorized.
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We therefore remand the matter for resentencing on the attempted murder conviction and the enhancement attached to that conviction.
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