California, United States of America
The following excerpt is from People v. Ames, C078611 (Cal. App. 2016):
4. As an initial matter, we note the lack of an objection by defendant to the trial court's imposition of a concurrent sentence on the possession of burglary tools count does not constitute forfeiture of the section 654 issue. "It is well settled . . . that the court acts 'in excess of its jurisdiction' and imposes an 'unauthorized' sentence when it erroneously stays or fails to stay execution of a sentence under section 654." (People v. Scott (1994) 9 Cal.4th 331, 354, fn. 17.) Accordingly, a claim of error under section 654 is not subject to forfeiture principles.
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