California, United States of America
The following excerpt is from People v. Soto, 175 Cal.Rptr.3d 846 (Cal. App. 2014):
Even though the sentence on count 2 was stayed, the sentence on count 2 is still part of appellant's "current sentence." Citing People v. Norrell (1996) 13 Cal.4th 1, 1314, 51 Cal.Rptr.2d 429, 913 P.2d 458 (Arabian, J. concurring and dissenting), appellant concedes that a sentence that has been stayed under section 654 has nevertheless been imposed. It is also true that for purposes of Three Strikes sentencing, a stayed sentence still qualifies as a strike. ( People v. Benson (1998) 18 Cal.4th 24, 2930, 74 Cal.Rptr.2d 294, 954 P.2d 557.) Thus, the stay of the sentence does not expunge the conviction. The usual and ordinary meaning, as well as the legal understanding, of the words "current sentence" necessarily includes the stayed sentence on count 2.
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