California, United States of America
The following excerpt is from People v. Carter, B267740 (Cal. App. 2016):
5. In reaching this conclusion we reject appellant's argument that the court should have stayed the sentences for the criminal threat conviction and weapon enhancement in count 1. Section 654 requires the court to impose sentence on the crime with the longest potential sentence, and to stay imposition of sentence for other crimes to which the statute applies. (People v. Kramer (2002) 29 Cal.4th 720, 722.) In determining which offense carries the longest potential sentence, the court examines the possible statutory maximum for each offense including any enhancement found for the offense. (Id. at p. 723.) Here, the criminal threat conviction, section 422, carried a maximum three-year prison term, and the enhancement for that conviction, section 12022, subdivision (b)(2), carried a three-year maximum term, making the total potential term for that count six years. In contrast, the assault count, section 245, carried a maximum of a four-year term. Consequently, in applying section 654, the court should impose the sentence on the criminal threats conviction (plus the enhancement) and stay the sentence as to the assault.
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