Under section 654 of the California Criminal Code, under what circumstances will a court stay an unstayed sentence for a robbery conviction or for a burglary conviction?

California, United States of America


The following excerpt is from People v. Hudson, A127048 (Cal. App. 2012):

We agree it was improper under section 654 to impose unstayed sentences for both robbery convictions or for the burglary conviction, as the trial court did here, since robbery and burglary were the special circumstances found by the jury and used as a basis for defendants' LWOP sentences. The correct procedure would have been to stay one of the robbery sentences and the burglary sentence. (See People v. Deloza (1998) 18 Cal.4th 585, 591-592.) We will therefore modify the judgments to stay sentence on counts for which concurrent sentences were imposedcounts three and fivesince this conforms most closely to the sentencing decision made by the trial court while avoiding multiple punishment for purposes of section 654.

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