California, United States of America
The following excerpt is from People v. Maksimow, C085348, C085513 (Cal. App. 2018):
Section 654, subdivision (a), provides in relevant part: "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." It is well settled that when a court determines that a conviction is subject to section 654, it must impose a sentence and then stay the execution of that sentence, the stay to become permanent upon defendant's service of the portion of the sentence not stayed. (People v. Duff (2010) 50
Page 9
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.