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People v. Williams

6/30/2004

se of discretion in order to seek a remand for resentencing. As the authorities cited above demonstrate, when part of a sentence is found to be erroneous, the entire sentence may be reconsidered, whether or not any individual term would have been erroneous if considered in the context of the original sentence.


III. DISPOSITION


The imposition of an unstayed term for count 2 is reversed. The matter is remanded to the trial court with directions to stay execution of the term imposed for count 2, the stay to become permanent upon defendant's completion of the terms imposed for the remaining counts. The court may reconsider the entire sentence in view of this modification, in a manner consistent with this opinion. The court is directed to prepare and transmit a new abstract of judgment as may be appropriate, and to forward a copy of the amended abstract to the Department of Corrections. In all other respects, the judgment is affirmed.


CERTIFIED FOR PARTIAL PUBLICATION


We concur:


HOLLENHORST Acting P.J.


GAUT J.






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