Can a court impose and stay a sentence for count 2 pursuant to section 654 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Gustafson, B288309 (Cal. App. 2018):
Here, it is clear the court intended to impose and stay the sentence for count 2 pursuant to section 654. Where the clerk's and reporter's transcripts differ as to a criminal sentence, the oral pronouncement of sentence constitutes the judgment and will control over the abstract of judgment, which is presumed to contain clerical error. (People v. Mesa (1975) 14 Cal.3d 466, 471.)
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