What remedies are available to the Court of Appeal against an unauthorized sentence imposed by the Superior Court?
California, United States of America
The following excerpt is from People v. Mende, H044832 (Cal. App. 2018):
Since the trial court imposed an unauthorized sentence, we may remand the matter for a new sentencing hearing or exercise our authority to modify the judgment (Pen. Code, 1260; see People v. Cunningham (2001) 25 Cal.4th 926, 1044-1045 ["any error in failing to impose sentence . . . would have been subject to judicial correction when it ultimately came to the attention of the trial court or [appellate] court"].)
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