In what circumstances will the Court remove the stay of a sentence for a second arson conviction under Penal Code section 654?

California, United States of America


The following excerpt is from People v. Teas, G051706 (Cal. App. 2016):

In the respondent's brief, the Attorney General states, "because the trial court was unauthorized to stay [Teas]'s second arson conviction under Penal Code section 654, this court should remove the stay and effect the court's alternative order to sentence [Teas] concurrently." (Boldface & some capitalization omitted.) "[I]t is well established that the appellate court can correct a legal error resulting in an unauthorized sentence (including a misapplication of 654) at any time." (People v. Sanders (2012) 55 Cal.4th 731, 743, fn. 13.)

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