What is the effect of an omission in the sentencing of a defendant in a criminal case?

California, United States of America


The following excerpt is from People v. Deptowicz, 69 Cal.App.4th 979, 81 Cal.Rptr.2d 891 (Cal. App. 1999):

To the extent that an omission results in an unauthorized sentence, it may be corrected at any time. (People v. Scott (1994) 9 Cal.4th 331, 354, 36 Cal.Rptr.2d 627, 885 P.2d 1040; People v. Serrato (1973) 9 Cal.3d 753, 763-765, 109 Cal.Rptr. 65, 512 P.2d 289, overruled on another point in People v. Fosselman (1983) 33 Cal.3d 572, 583, fn. 1, 189 Cal.Rptr. 855, 659 P.2d 1144.) Prosecutors are quite capable of bringing to the attention of the trial court any jurisdictional sentencing omission. The trial court, if alerted to an omission will, we are confident, faithfully perform its duty to ensure the rendition of a proper judgment.

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