Can a sentence be imposed so as as to simultaneously run consecutively to another count and be stayed pursuant to Penal Code section 654?

California, United States of America


The following excerpt is from People v. Toure, 181 Cal.Rptr.3d 857, 232 Cal.App.4th 1096 (Cal. App. 2015):

A sentence cannot be imposed so as to simultaneously run consecutively to another count and be stayed pursuant to Penal Code section 654 ; these are mutually exclusive options. While it is proper for a court to pronounce judgment in terms of imposing a term and staying punishment, it is incorrect to indicate in the minutes or abstract that the sentence thus imposed runs consecutive, as well. Because of the importance of the abstract of judgment as the commitment order (Pen.Code, 1213 ; People v. Mitchell (2001) 26 Cal.4th 181, 185, 109 Cal.Rptr.2d 303, 26 P.3d 1040 ), we offer guidance. On the abstract of judgment, when a term is stayed, on the line indicating the sentence for count 2, a single X should be inserted in the box indicating the punishment is stayed pursuant to Penal Code section 654.

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