California legal term
unlawful sentence in California Criminal Law
Current through 2026 California legislative session
In California criminal law, “unlawful sentence” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the California criminal code.
What does “unlawful sentence” mean in California criminal law?
“unlawful sentence” means the imposition of a sentence not authorized by law or the imposition of a sentence based upon an unlawful order of the court which strikes or otherwise modifies the effect of an enhancement or prior conviction. (Cal. Penal Code § 1238)
Statutes defining or using this term
Related terms in the same statutes
This reference is informational and is not legal advice.