What is the proper procedure for sentencing a defendant who has been convicted of several counts that fall within the purview of Penal Code section 654?

California, United States of America


The following excerpt is from People v. Delarios, B234079 (Cal. App. 2012):

Penal Code section 654 provides in relevant part: "(a) An[y] act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment[,] but in no case shall the act or omission be punished under more than one provision." The applicability of Penal Code section 654 to conceded facts is a question of law. (People v. Perez (1979) 23 Cal.3d 545, 552, fn. 5; People v. McCoy (1992) 9 Cal.App.4th 1578, 1585.) The correct procedure for sentencing a defendant who is convicted of several counts that fall within the purview of Penal Code section 654 is to stay execution of the sentences rather than to impose concurrent sentences. (People v. Cruz (1996) 38 Cal.App.4th 427, 434.)

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