In a case involving multiple convictions subject to section 654 of the Criminal Code, can a stay of execution be issued under Rule 4.447?

California, United States of America


The following excerpt is from People v. Reyes, G037395 (Cal. App. 8/21/2007), G037395 (Cal. App. 2007):

The comment cites the decision in People v. Niles, supra, 227 Cal.App.2d 749 which approved use of the impose sentence but stay execution rule in a case involving multiple convictions subject to section 654. (Id. at p. 756.) As has been recently recognized, "[a] stay under rule 4.447 is not issued under ... section 654," but "it is analogous. In both situations, the stay has no express statutory basis. It is implied, so that a defendant who is subject to one of two alternative punishments will not be wrongly subjected to the other; if, however, one of the two punishments is invalidated, the defendant will still be subject to the remaining one." (People v. Lopez (2004) 119 Cal.App.4th 355, 365.)

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