What is the proper procedure for a sentence in violation of section 654 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Rose, E064037 (Cal. App. 2016):
When a court erroneously imposes a term in violation of section 654, the proper procedure is to direct that the sentence be stayed. (People v. McCoy (2012) 208 Cal.App.4th 1333, 1338.) We will so direct it with respect to the terms imposed for rape and elder abuse.
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