What is the range of sentencing options available to a defendant who has a criminal threat or robbery conviction?

In cases where double punishment is prohibited, the defendant "shall be punished under the provision that provides for the longest potential term of imprisonment." ( 654, subd. (a).) Enhancements are counted when comparing potential terms of imprisonment. (See People v. Kramer (2002) 29 Cal.4th 720, 723-725). Once the provision with the longest potential term has been identified, the trial court is free to choose among the range of sentencing options under that provision. (Id. at pp. 724-725.)

Here, the robbery conviction has the longest potential sentence. (See People v. Kramer, supra, 29 Cal.4th at pp. 723-724 [determining the longest potential sentence by reference to the statutes].) Second degree robbery is punishable by up to five years in prison ( 212.5, 213, subd. (a)(2)), whereas a criminal threat is punishable by up to three years ( 18, 422) and the relevant enhancement adds an additional year ( 12022, subd. (b)(1)) for a total potential term of four years. Thus, the court should stay the criminal threat sentence.