Does the Attorney General have the authority to stay the execution of a double jeopardy sentence?

California, United States of America


The following excerpt is from People v. Martinez, B251383 (Cal. App. 2014):

Defendant contends, and the Attorney General agrees, that the trial court erred in staying the sentence on the second count. "[W]hen a [trial] court determines that a conviction falls within the meaning of section 654, it is necessary [first] to impose sentence but [then] to stay the execution of the duplicative sentence . . . pending completion of service of sentence upon the greater offense, with the stay to become permanent upon completion of that sentence. [Citations.]" (People v. Duff (2010) 50 Cal.4th 787, 796.)

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