Does the Court have the authority to stay execution of a sentence for possession of cocaine base on the same charge?

California, United States of America


The following excerpt is from People v. Thomas, 231 Cal.App.3d 299, 282 Cal.Rptr. 258 (Cal. App. 1991):

This reasoning is applicable in the instant case. Appellant was found guilty of two offenses, possession of cocaine base and transportation of cocaine base, arising out of the same act of carrying the contraband in an automobile in his possession. The appropriate procedure was not to invalidate the conviction of the lesser offense, but " 'to eliminate the effect of the judgment as to the lesser offense insofar as the penalty alone is concerned.' " (People v. Pearson, supra, 42 Cal.3d at pp. 359-360, 228 Cal.Rptr. 509, 721 P.2d 595, quoting People v. [231 Cal.App.3d 307] McFarland (1962) 58 Cal.2d 748, 762-763, 26 Cal.Rptr. 473, 376 P.2d 449.) Here the trial court properly eliminated the punitive consequences of the double conviction by staying execution of the sentence on the simple possession count. There was no error in allowing both convictions to stand.

Other Questions


In what circumstances will a court change the charge of simple possession of marijuana to the charged offense of possession of possession for sale? (California, United States of America)
When a judge's original sentencing has been struck down by the Court of Appeal, does the sentencing court have the power to impose any sentence permitted under the applicable statutes and rules on remand? (California, United States of America)
Is a defendant entitled to a reduced sentence from a sentencing court where the sentencing court was unaware of the scope of its discretionary powers? (California, United States of America)
Is a sentencing court acting 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 of the Criminal Code? (California, United States of America)
Does the Court have authority to bifurcate a felon in possession charge from a murder charge? (California, United States of America)
Does a court's failure to stay execution of a sentence under section 654 of the Criminal Code for possession of burglary tools constitute forfeiture of the sentence? (California, United States of America)
What is the test for reducing a sentence when the court was unaware at the time of sentencing that the sentence was too lenient? (California, United States of America)
Does the Court have jurisdiction to issue an "unauthorized" sentence when it erroneously stays or fails to stay execution of a sentence under section 654 of the Criminal Code? (California, United States of America)
Is a court permitted a defendant to serve a concurrent sentence on the same drug charge for possession of multiple plastic baggies of methamphetamine? (California, United States of America)
Does a sentencing court have to state the reasons for its sentence choice on the record at the time of sentencing? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.