California, United States of America
The following excerpt is from People v. Belyew, C088250 (Cal. App. 2020):
"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." (People v. Cantrell (2009) 175 Cal.App.4th 1161, 1164.) When a sentence is required to be stayed under section 654, the trial court should impose a full-term sentence to ensure the "defendant's punishment is commensurate with [her] criminal liability" in the event that the stay is lifted. (Ibid.) Accordingly, we shall modify the judgment to impose the low term of two years on each assault count ( 245, subd. (a)(1)), and shall stay each term under section 654.)
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