What is the proper sentencing under section 654 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Lusby, C079543 (Cal. App. 2017):

This court has explained the proper procedure for sentencing under section 654. (See People v. Alford (2010) 180 Cal.App.4th 1463, 1466.) "[W]hen a trial court determines that section 654 applies to a particular count, the trial court must impose sentence on that count and then stay execution of that sentence. There is no authority for a court to refrain from imposing sentence on all counts, except where probation is granted." (Ibid.) "[O]therwise if the nonstayed sentence is vacated, either on appeal or in a collateral attack on the judgment, no valid sentence will remain." (Id. at p. 1469.)

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