People v. DeLeon-Mendez CA4/3

DISCUSSION

The trial court imposed an indeterminate prison term of seven years to life for assault with intent to commit rape during the commission of a first degree burglary (count 1), a concurrent six-year middle term for first degree robbery (count 2), and a concurrent three-year middle term for dissuading a witness (count 4). The court stayed (§ 654) a term for burglary (count 3), stayed the knife enhancement for count 3, and struck the other two knife enhancements. The court ordered DeLeon to complete AIDS testing and education. DeLeon and the Attorney General are in near complete agreement concerning the resolution of the issues in this appeal. DeLeon contends the trial court imposed three unauthorized terms and he suffered one unauthorized conviction.

3 Although trial counsel did not object at sentencing, we may nonetheless reach the sentencing issues because a challenge to an unauthorized sentence “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.” (People v. Dotson (1997) 16 Cal.4th 547, 554, fn. 6; People v. Robertson (2012) 208 Cal.App.4th 965, 995.) A sentence is…