California, United States of America
The following excerpt is from People v. Deary-Smith, C080821 (Cal. App. 2019):
Additionally, on count 5 (as well as counts 1 and 2) the trial court stayed execution of sentence under section 654. But in doing so, it erroneously imposed one-third-the-middle terms rather than full terms. (See People v. Cantrell (2009) 175 Cal.App.4th 1161, 1164 ["The one-third-the-midterm rule of section 1170.1, subdivision (a), only applies to a consecutive sentence, not a sentence stayed under section 654"].)
Further, on defendant's probation revocation case, 09F02047, the court erroneously imposed a concurrent eight-month, one-third-the-middle term on count one rather than a full term. (People v. Quintero (2006) 135 Cal.App.4th 1152, 1156 ["Because concurrent terms are not part of the principal and subordinate term computation under section 1170.1, subdivision (a), they are imposed at the full base term, not according to the one-third middle term formula"].)
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