What is the effect of the one third-the-midterm rule of section 1170.1, subdivision (a) under section 654 of the California Criminal Code when applying to stay a sentence under Section 654?

We note other errors not raised by the parties; although count four was stayed by the trial court, it was imposed as a consecutive calculation. This was improper, as is the current 16 month sentence on count three if we are to modify the judgment to stay sentence. The sentences must be full term. "The one-third-the-midterm rule of section 1170.1, subdivision (a), only applies to a consecutive sentence, not to a sentence stayed under section 654." (People v. Cantrell (2009) 175 Cal.App.4th 1161, 1164.) When a sentence is required to be stayed under section 654, the trial court should impose a full-term sentence to ensure the "defendant's punishment is commensurate with his criminal liability" in the event that the stay is lifted. (Ibid.) We modify the judgment to include full term, middle term sentences of 24 months, doubled for the strike, for counts three and four, and stay both of these 48 month sentences.

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