California, United States of America
The following excerpt is from People v. Eberhardt, 165 Cal.App.3d 1151, 211 Cal.Rptr. 280 (Cal. App. 1985):
We need only briefly reiterate the sentencing error committed. The trial court did not have the power to "stay" imposition of sentence on the enhancements. In addition, although the People do not raise it, the court did not have the power under section 654 to stay imposition of sentence rather than impose sentence and stay execution on the substantive crimes. (People v. Cheffen, supra, 2 Cal.App.3d 638, 641-642, 82 Cal.Rptr. 658.) Each defendant's sentence is unauthorized.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.