California, United States of America
The following excerpt is from People v. Nijmeddin, H047276 (Cal. App. 2020):
(here, the count 1 sentence). Therefore, the court was required to sentence defendant to one year six months, three years, or five years six months imprisonment for his attempted voluntary manslaughter ( 664, 192, subd. (a)) conviction in count 2. ( 193, subd. (a) ["Voluntary manslaughter is punishable by imprisonment in the state prison for 3, 6, or 11 years"]; 664, subd. (a) [attempts punished by imprisonment "for one-half the term of imprisonment prescribed upon a conviction of the offense attempted"].) Because a one-year term "could not lawfully be imposed under any circumstance" on count 2, that term was unauthorized. (People v. Scott (1994) 9 Cal.4th 331, 354.) The four-month term on the associated enhancement was likewise unauthorized.
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