Does a judge have the authority to stay a defendant's sentence on a motion of appeal against his conviction?

California, United States of America


The following excerpt is from People v. Solis, F071990 (Cal. App. 2018):

Sentencing judges are directed to stay, not dismiss or reverse, such counts, in the event a sentenced count is reversed upon appeal or otherwise, upon remand, the imposition of sentence on a stayed count is preserved and ensures that the defendant's punishment is commensurate with his criminal liability. (People v. Cantrell, supra, 175 Cal.App.4th at p. 1164.) Staying the counts rather than reversing, dismissing, or setting them aside also prevents double jeopardy violations. (People v. Cavanaugh (1983) 147 Cal.App.3d 1178, 1183.)

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