Error and/or relief
The trial court imposed a two-year sentence on each of two felony counts, stayed one of those sentences under section 654, and pronounced sentences of concurrent time on the three misdemeanor counts. The failed, however, to pronounce the sentence for those three misdemeanors, and the case is remanded for it to do so.
First Holding:
Section 12 requires courts to pass sentence on the defendant and impose the punishment prescribed upon conviction for a crime. And the trial court generally must include all aspects of a judgment in its oral pronouncement of judgment.
Authority:
PEN 12
In re Sandel (1966) 64 Cal.2d 412, 415
People v. Leon (2020) 8 Cal.5th 831, 855
Second Holding:
Therefore, a trial court must pronounce a sentence on every felony and misdemeanor conviction. The failure to do so results in an unauthorized sentence. When the mistake in failing to pronounce sentence on a count is discovered while the defendant’s appeal is pending, the appellate court should remand the case for a proper sentence.
Authority:
People v. Codinha (2023) 92 Cal.App.5th 976, 994
People v. Eberhardt (1986) 186 Cal.App.3d 1112, 1121–1122
People v. Cheffen (1969) 2 Cal.App.3d 638, 641–642
People v. Morrow (1969) 275 Cal.App.2d 507, 514
People v. Price (1986) 184 Cal.App.3d 1405, 1411, fn. 6