Is a determinate sentence on count 7 stayed under section 654 of the Criminal Code?
California, United States of America
The following excerpt is from People v. Vailes, D076125 (Cal. App. 2020):
At Vailes's sentencing hearing, the trial court ordered that Vailes's 6-year determinate sentence on count 7 be stayed under section 654. The abstract of judgment, however, does not reflect the stay. Because the court's oral pronouncement controls (see People v. Mitchell (2001) 26 Cal.4th 181, 185), we order the abstract of judgment be modified to reflect the section 654 stay on count 7.
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