California, United States of America
The following excerpt is from People v. Craft, 154 Cal.App.3d 674, 201 Cal.Rptr. 490 (Cal. App. 1984):
We find the kidnaping was indivisibly related to the rapes. Therefore, section 654 precludes the imposition of a consecutive term for the kidnaping conviction. (People v. Masten, supra, 137 Cal.App.3d at p. 589, 187 Cal.Rptr. 515.)
The appropriate procedure for remedying a section 654 violation is to stay execution of the sentence imposed for the lesser offense; such stay becomes permanent when service of sentence for the greater offense is completed. (In re Adams (1975) 14 Cal.3d 629, 636-637, 122 Cal.Rptr. 73, 536 P.2d 473.) The punishment for kidnaping is less severe than that for rape. Accordingly, we will order service of the kidnaping sentence stayed until completion of the other sentences, such stay then to become permanent. (See People v. Masten, supra, 137 Cal.App.3d at p. 590, 187 Cal.Rptr. 515.)
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