California, United States of America
The following excerpt is from People v. Hart, G039836 (Cal. App. 8/31/2009), G039836 (Cal. App. 2009):
Without imposing a sentence, the court stayed punishment for each of defendant's 10 counts of conspiracy to commit robbery (counts 1, 6, 10, 13, 16, 20, 24, 28, 31, and 36). ( 654.) This was error. Where section 654 applies to a particular count, the proper action is to impose the term normally applicable to the crime and stay the sentence. (People v. Deloza (1998) 18 Cal.4th 585, 592.)
Although the court properly stayed the gang enhancements tied to the 10 stayed conspiracy charges under section 654 (People v. Cole (1985) 165 Cal.App.3d 41, 53 [enhancement must be stayed where sentence on underlying count stayed under 654]), it incorrectly applied section 654 to stay the remaining 18 gang enhancements tied to the aggravated assault (count 4) and robbery counts (counts 2, 3, 7, 8, 11, 14, 17, 18, 21, 22, 25, 26, 29, 32, 33, 34, and 37).
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