How has section 654 of the Criminal Code applied to count 9 of the assault charge?

^5. We note that in the defense sentencing memorandum, defense counsel argued (successfully) for the application of section 654 to counts 1 (evading), 4 (resisting) and 8 (reckless driving). He did not argue section 654 applied to count 9, but urged the court to impose a concurrent sentence. Although this did not forfeit appellant's section 654 challenge, which may be brought at any time (People v. Hester (2000) 22 Cal.4th 290, 295; People v. Soto (2016) 245 Cal.App.4th 1219, 1234), it does lend support for the conclusion that all parties recognized count 9 was divisible from the assault.