What is the proper procedure for a district attorney's appeal challenging the application of section 654 of the California Criminal Code?

2 The court did not say so, but the parties assume the court stayed those sentences under section 654. That section states in relevant part, "An act or omission which is made punishable in different ways by different provisions of this code may be punished under either of such provisions, but in no case can it be punished under more than one...." When section 654 applies, the proper procedure is to stay imposition of sentence on one of the crimes, with the stay to become permanent on completion of the term imposed on the other. (People v. Pearson (1986) 42 Cal.3d 351, 360, 228 Cal.Rptr. 509, 721 P.2d 595.)

3 The district attorney's appeal challenging the application of section 654 is authorized by section 1238, subdivision (a)(5). (People v. Perez (1979) 23 Cal.3d 545, 549, fn. 2, 153 Cal.Rptr. 40, 591 P.2d 63; see also 1238, subd. (a)(10) [unlawful sentence]; People v. Vergara (1991) 230 Cal.App.3d 1564, 1568, 282 Cal.Rptr. 90.)