What is the proper procedure for a sentencing court to stay execution of a sentence under section 654 of the California Criminal Code?

California, United States of America

The following excerpt is from People v. Lorenzana, A145584 (Cal. App. 2017):

"When section 654 applies, the proper procedure is to impose sentence on both counts and stay execution of sentence on one of the counts. [Citations.] The stayed sentence becomes permanent upon completion of the sentence on the other count . . . . [Citation.] However, should the conviction on the count for which sentence was imposed be overturned, the sentencing court then merely lifts the stay on the section 654 count." (People v. Sanchez (2016) 245 Cal.App.4th 1409, 1415.)

"The most advanced legal research software ever built."

Try it today free of charge!

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.

Other Questions

Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)

Does section 1170(d)(1) of the California Criminal Code give the trial court authority to resent the sentence of a defendant pursuant to Section 1170 of the Criminal Code? (California, United States of America)

Does Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole? (California, United States of America)

Can a sentence under section 654 of the California Criminal Code be challenged at the Court of Appeal on the grounds that the sentence was improperly sentenced? (California, United States of America)

Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)

What is the proper procedure to stay execution of a sentence under section 654 of the California Criminal Code? (California, United States of America)

Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)

Does Section 654, subdivision (a) of the California Code of Criminal Procedure, section 654 of the Criminal Code, allow a defendant to be punished for more than one act? (California, United States of America)

Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)

What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)

What is the proper procedure for a sentencing court to stay execution of a sentence under section 654 of the California Criminal Code?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources