Is a stay of execution of a charge against a defendant who has been found guilty of a number of additional charges against him a double jeopardy violation?

Under both section 654 and Rule 4.447 "the stay has no express statutory basis. It is implied, so that a defendant who is subject to one of two alternative punishments will not be wrongly subjected to the other; if, however, one of the two punishments is invalidated, the defendant will still be subject to the remaining one." (People v. Lopez (2004) 119 Cal.App.4th 355, 365.) Defendants are not doubly punished in violation of section 654 when the offending punishment is imposed but stayed. Similarly, defendants are not subject to multiple enhancements violating section 1170.1, subdivision (f) when the additional enhancements are imposed and stayed. (Cf. People v. Cavanaugh, supra,

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147 Cal.App.3d at 1183 ["Staying the counts rather than reversing, dismissing or setting them aside prevents double jeopardy violations"].)