What is the test for a motion to stay a sentence for a man convicted of second degree murder and a charge of attempted robbery?

California, United States of America


The following excerpt is from People v. Currie, 104 Cal.Rptr.2d 430, 87 Cal App. 4th 225 (Cal. App. 2001):

We observe that appellant does not challenge the correctness of the trial court's sentence on the underlying charges of second degree murder and attempted robbery. Although he does not contend his sentence on the charge of attempted robbery must be stayed, he nevertheless claims that section 654 applies to preclude the imposition of separate sentences as to the gun-use enhancements attending the two offenses. "Where offenses are separately punishable, the gun use enhancements for each offense may be separately imposed." (People v. Sandoval (1994) 30 Cal.App.4th 1288, 1300.)

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