Is a defendant's application to stay a maximum sentence under section 654 of the California Criminal Code valid?

California, United States of America


The following excerpt is from People v. Cook, B285420 (Cal. App. 2018):

asserting that section 654 requires the trial court to stay any duplicative counts, defendant is not challenging the court's exercise of sentencing discretion, but attacking its authority to impose consecutive terms for these counts. This amounts to a challenge to the plea's validity, requiring a certificate of probable cause"]; People v. Young (2000) 77 Cal.App.4th 827, 832 ["[b]y arguing that the maximum sentence is unconstitutional, [defendant] is arguing that part of his plea bargain is illegal and is thus attacking the validity of the plea. Having failed to obtain a certificate of probable cause, defendant cannot appeal"].)

2. The July 28, 2017 Minute Order and Abstract of Judgment Must Be Corrected

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