Can a court stay a concurrent sentence under section 654 of the California Criminal Code for a crime committed on the same two counts?

Generally, subdivision (a) of section 654 prohibits multiple punishment for "'[a]n act or omission that is punishable in different ways by different provisions of law.'" In determining the appropriate sentence under section 654, a court must identify the count carrying the longest sentence, including enhancements, and stay the sentence imposed under the other pertinent counts. (People v. Kramer (2002) 29 Cal.4th 720, 722.) Here, respondent agrees that each pair of counts was predicated on the same act, and that punishment must be stayed for the conviction on the count carrying the lesser sentence. In the case of counts 1 and 2, the sentence under count 2 must be stayed: whereas the sentence under count 1 incorporates an enhancement of 25 years to life (see pt. D.1., ante), the trial court imposed a total concurrent term of 10 years under count 2. Similarly, in the case of counts 5 and 6, the sentence under count 5 must be stayed: whereas the concurrent term imposed under count 6 incorporates an enhancement of 25 years to life (see pt. D.1., ante), the trial court imposed a total concurrent term of 10 years under count 5.

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