Does Section 654, subdivision (a) of the California Criminal Code require a trial court to stay the execution of a sentence in all counts?

California, United States of America


The following excerpt is from People v. Banner, B285813 (Cal. App. 2018):

Section 654, subdivision (a) provides: "An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision." However, it is well-settled law that the trial court must impose sentence in all counts before staying the execution of any sentence as necessary to prevent multiple punishment. (See People v. Alford (2010) 180 Cal.App.4th 1463, 1466, 1470.)

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