What is the test for making a claim that a sentence is unauthorized on appeal?
California, United States of America
The following excerpt is from People v. Vasquez, G047787 (Cal. App. 2014):
"A claim that a sentence is unauthorized . . . may be raised for the first time on appeal, and is subject to judicial correction whenever the error comes to the attention of the reviewing court. [Citations.]" (People v. Dotson (1997) 16 Cal.4th 547, 554, fn. 6.) "[A] sentence is generally 'unauthorized' where it could not lawfully be imposed under any circumstances in the particular case." (People v. Scott (1994) 9 Cal.4th 331, 354.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a motion to modify a sentence in a personal injury case an unauthorized and unauthorized appeal from the order of the Superior Court of Appeal denying the motion? (California, United States of America)
Does a failure to strike an enhancement for the first time on appeal constitute a legally unauthorized sentence subject to correction on appeal? (California, United States of America)
Does a defendant who failed to raise a section 654 claim at sentencing forfeit the claim on appeal? (California, United States of America)
Can a defendant bring a notice of appeal to the Court of Appeal claiming that he failed to raise his constitutional claims in the trial court? (California, United States of America)
When a motion to appeal against a reduction in the sentence of a convicted criminal has been granted by the Court of Appeal, does the Court have to credit time already served on the original sentence? (California, United States of America)
What is the test for making a request to appeal against a motion of appeal in the Court of Appeal? (California, United States of America)
What are the findings of the Court of Appeal on appeal against the conviction and sentence of a defendant for making false statements under Miranda? (California, United States of America)
Is a defendant's failure to object and make an offer of proof at the sentencing hearing concerning alleged errors or omissions in the probation report waives the claim on appeal? (California, United States of America)
Is a defendant's failure to make a timely and specific objection to a motion on the grounds that he now raises an objection on appeal forfeits his claim on appeal? (California, United States of America)
What is the test for making a claim on appeal against a sentence based on a particular aggravating factor? (California, United States of America)
