Does the forfeiture rule bar defense counsel from challenging the sentence imposed for counts 3 and 4 under section 654 of the Criminal Code?

Defense counsel did not argue during the sentencing hearing that section 654 required the court to stay the sentences imposed for counts 3 and 4. Notwithstanding this omission, the forfeiture rule does not bar consideration of this sentencing challenge on appeal. "'Errors in the applicability of section 654 are corrected on appeal regardless of whether the point was raised by objection in the trial court or assigned as errors on appeal.' [Citation.]" (People v. Hester (2000) 22 Cal.4th 290, 295.) Yet, "on direct appeal the reviewing court is confined to the record. We cannot remand a case to the trial court for the purpose of trying an issue raised for the first time on appeal." (People v. Sparks (1967) 257 Cal.App.2d 306, 311.)

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