When will a court stay a sentence imposed on counts 2 and 4 under section 654 of the Criminal Code?

California, United States of America


The following excerpt is from The People v. Flores, B214335, No. TA099668 (Cal. App. 2010):

Because section 654 applied, rather than imposing concurrent sentences on counts 2 and 4, the trial court should have stayed the sentence on those counts. (See People v. Hester, supra, 22 Cal.4th at p. 294; People v. Hernandez (2005) 134 Cal.App.4th 1232, 1239.) We order the abstract of judgment modified to reflect that sentence on counts 2 and 4 is stayed.

8. Cumulative error.

Flores contends that the cumulative effect of the purported errors denied him a fair trial. As we have " 'either rejected on the merits defendant's claims of error or have found any assumed errors to be nonprejudicial[,]' " we reach the same conclusion with respect to the cumulative effect of any purported errors. (People v. Cole (2004) 33 Cal.4th 1158, 1235-1236; People v. Rogers (2009) 46 Cal.4th 1136, 1181.)

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