Is a defendant required to stay two terms of a suspended sentence under section 654 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Ware, C056334 (Cal. App. 5/11/2009), C056334 (Cal. App. 2009):
Defendant contends the trial court was required to stay one of these terms pursuant to section 654, because both offenses were committed with a single objective of avoiding arrest. Defendant further contends this claim is not forfeited for purposes of appeal, despite his failure to object, because the sentence imposed is unauthorized and, hence, in excess of the court's jurisdiction. (See People v. Hester (2000) 22 Cal.4th 290, 295.)
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