California, United States of America
The following excerpt is from People v. Thompson, 209 Cal.App.3d 1075, 257 Cal.Rptr. 658 (Cal. App. 1989):
In People v. Salazar, supra, 194 Cal.App.3d 634, 239 Cal.Rptr. 746, the defendant was convicted of robbery and felony assault. The robbery conviction carried the greater punishment. The court imposed sentence on the assault conviction and stayed the sentence for robbery. The district attorney argued that the trial court had no discretion under Penal Code section 654 to select the less serious crime. The Fourth District concluded that section 654 does not require the sentencing court to always impose the sentence for the most serious offense, and the judge retains the discretion to sentence on either the greater or lesser crime. (Id. at p. 639, 230 Cal.Rptr. 890.)
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