California, United States of America
The following excerpt is from People v. Leos, B266749 (Cal. App. 2016):
"Where section 654 precludes multiple punishment and the trial court erroneously fails to stay the terms subject to section 654, the appellate court must stay the sentence on the lesser offenses while permitting execution of the greater offense consistent with the intent of the sentencing court." (People v. Thompson (1989) 209 Cal.App.3d 1075, 1080.) Here, the court's oral pronouncement made no mention of the separate counts. The minute order reflected a sentence imposed on count 1 only, and the abstract of judgment indicated concurrent terms, with the GBI enhancement imposed on count 2. The parties do not dispute that the court intended -- and was authorized -- to impose a total term of four years, four months. They further agree that the court was required to stay imposition of sentence as to one of
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