People v. Alice

Opinion

MORENO, J.

For the reasons that follow, we hold that the Court of Appeal violated Government Code section 68081 by holding that the People’s appeal in this case was authorized by Penal Code section 1238, subdivision (a)(10) as an appeal from an unlawful sentence, because the parties had neither proposed nor addressed this issue in their briefs. The Court of Appeal compounded this error by denying defendant’s petition for rehearing on that basis. We further hold that the appeal in this case from the order setting aside one count of the information under Penal Code section 995 was…