What is the test for a motion to correct an illegal sentence under Rule 35?

California, United States of America


The following excerpt is from Kirby v. Alcoholic Beverage Control Appeals Bd., 270 Cal.App.2d 535, 75 Cal.Rptr. 823 (Cal. App. 1969):

'Considering this action as a motion to correct an illegal sentence under Rule 35, we find that the sentence was in conformity with the statute and responsive

Page 826

(See Redfield v. United States, (9th Cir. 1963) 315 F.2d 76, 80--81.)

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