California, United States of America
The following excerpt is from People v. Frick, A133676 (Cal. App. 2013):
9. Despite the lack of a section 654 objection below, " 'Errors in the applicability of section 654 are corrected on appeal regardless of whether the point was raised by objection in the trial court or assigned as error on appeal.' [Citation.]" (People v. Hester (2000) 22 Cal.4th 290, 295.) " 'It is well settled . . . that the 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' and therefore a claim of error under section 654 is nonwaivable." (People v. Le (2006) 136 Cal.App.4th 925, 931.)
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