People v. Palm CA3

BACKGROUND

In October 2021, defendant “headbutted” the front desk person of a chapel, causing a large cut above the victim’s eye. Defendant pleaded no contest to committing battery with serious injury (Pen. Code, § 243, subd. (d));2 his plea included a Harvey3 waiver and the trial court dismissed the prior conviction allegation. Defendant’s executed plea form indicated that he would be subject to a three-year parole term. At defendant’s November 2021 sentencing, the trial court imposed a three-year prison term and ordered defendant be on parole for three years following his release from custody. Defendant did not object to the parole term pronouncement.

DISCUSSION

Defendant contends the three-year parole period imposed by the trial was unauthorized and the parole term must be reduced to two years. Although defendant did not object to the imposition of the three-year parole term in the trial court, we may correct an unauthorized sentence on appeal despite the failure to object. (People v. Scott (1994) 9 Cal.4th 331, 354.) A sentence is unauthorized if “it could not lawfully be imposed under any circumstance in the particular case.” (Ibid.) Effective August 6, 2020, section…