California, United States of America
The following excerpt is from The People v. Reyes, B217574, No. KA073083 (Cal. App. 2010):
4. The record shows that neither party objected to the trial court's failure to stay the sentence under count 5. However, the section 654 multiple punishment claim raised in this appeal is reviewable as an unauthorized sentence, a sentence that could not lawfully be imposed under any circumstance. (People v. Scott (1994) 9 Cal.4th 331, 354, fn. 7 ["it is well settled... that the court... imposes an 'unauthorized' sentence when it erroneously stays or fails to stay execution of a sentence under section 654"].)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.