What is the appropriate sentence for possession of an assault weapon?
California, United States of America
The following excerpt is from People v. Butler, B236056 (Cal. App. 2013):
Possession of an assault weapon is not a serious felony and a calculation based on a five-year enhancement was unauthorized. An unauthorized sentence may be corrected at any time. (People v. Dotson (1997) 16 Cal.4th 547, 554, fn. 6.) Therefore, the gang
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enhancement must be modified to a term of one year, calculated as one-third the midterm of three years.
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