Error and/or relief
The trial court erred by sentencing the defendant on a count on which the jury acquitted him.
Holding:
The defendant contends, and the People concede, that the 180-day sentence imposed for count 11 must be vacated because the jury acquitted him of that offense. We agree. The sentence imposed on count 11 is therefore unauthorized as it could not lawfully be imposed under any circumstance in the particular case. We accordingly vacate the sentence on count 11.
Authority:
People v. Anderson (2020) 9 Cal.5th 946, 962