California, United States of America
The following excerpt is from People v. Marroquin, B265242 (Cal. App. 2016):
As noted, at the sentencing hearing the trial court did not impose a sentence on count 4, making a criminal threat. The minute order states that the court imposed and stayed pursuant to section 654 a term of eight months (one-third the middle term of two years), plus one year for the weapon enhancement under section 12022, subdivision (b)(1). Had the court imposed this sentence, it would have been unauthorized. "The one-third-the-midterm rule of section 1170.1, subdivision (a), only applies to a consecutive sentence, not a sentence stayed under section 654." (People v. Cantrell (2009) 175 Cal.App.4th 1161, 1164.) It is unclear from the record, however, whether the trial court meant to impose this sentence.
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