Can a defendant stay his sentence on count 2 of a charge of possession and cultivation of marijuana for sale pursuant to section 654 of the California Criminal Code?

Appellant contends the trial court should have stayed his sentence on count 2 pursuant to section 654, because appellant's possession and cultivation of the marijuana for sale constituted a single course of conduct carried out with a single objective. Respondent concedes that the concurrent sentences imposed here violate section 654. (People v. McDaniel v. (1957) 154 Cal.App.2d 475, 485-486.) We accept respondent's concession and, consequently, stay appellant's sentence on count 2.

Under section 2900.5, a person sentenced to state prison for criminal conduct is entitled to credit against the term of imprisonment for all days spent in custody before sentencing. ( 2900.5, subd. (a).) In addition, section 4019 provides that a criminal defendant may earn additional presentence credit against his or her sentence for willingness to perform assigned labor ( 4019, subd. (b)) and compliance with rules and regulations ( 4019, subd. (c)). These forms of section 4019 presentence credit are called, collectively, conduct credit. (People v. Dieck (2009) 46 Cal.4th 934, 939, fn. 3.)