Is a sentencing court acting in excess of its jurisdiction and imposes an unauthorized sentence when it erroneously stays or fails to stay execution of a sentence under section 654 of the Criminal Code?

California, United States of America

The following excerpt is from People v. A.J. (In re A.J.), F078664 (Cal. App. 2020):

A sentencing court acts in " 'excess of its jurisdiction' and imposes an 'unauthorized' sentence when it erroneously stays or fails to stay execution of a sentence under section 654. [Citations.]" (People v. Scott (1994) 9 Cal.4th 331, 354, fn. 17.) An appellate court may correct a legal error resulting in an unauthorized sentence at any time, which includes an alleged misapplication of section 654. (People v. Sanders (2012) 55 Cal.4th 731, 743, fn. 13.)

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