In what circumstances will the Attorney General grant a motion to stay a sentence for criminal threats under section 654 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Vanderwood, D074896 (Cal. App. 2019):

In his reply brief, Vanderwood argues that if we uphold his torture conviction, his consecutive two-year sentence for criminal threats must be stayed under section 654. He contends this error resulted in an unauthorized sentence, an error that can be raised anytime. "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 error on appeal." (People v. Perez (1979) 23 Cal.3d 545, 549-550, fn. 3.) Accordingly, we requested and received supplemental briefing from the Attorney General on this issue.

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