What are the consequences of a court's failure to stay a sentence for a defendant convicted of a charge of possession of methamphetamine?

California, United States of America

The following excerpt is from People v. Avalos, 47 Cal.App.4th 1569, 55 Cal.Rptr.2d 450 (Cal. App. 1996):

The trial court chose count four, possession of methamphetamine for sale, as the primary term. The Attorney General concedes the trial court erred by not staying defendant's sentences on counts one, two and three which concerned transportation of methamphetamine and possession of methamphetamine for sale. (People v. Lopez (1992) 11 Cal.App.4th 844, 849-850, 14 Cal.Rptr.2d 278.) The imposition of the enhancements for those counts must be stayed as well. (People v. Smith (1985) 163 Cal.App.3d 908, 912-914, 210 Cal.Rptr. 43.)

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