What is the remedy in law for a sentencing error on counts 2 and 4 of a charge under section 654 of the Criminal Code Code?

Section 654 "precludes multiple punishment when a criminal act or omission violates multiple penal provisions. . . . [W]hen a trial court determines that section 654 applies to a particular count, the trial court must impose sentence on that count and then stay execution of that sentence." (People v. Alford, supra, 180 Cal.App.4th at p. 1466; see id. at pp. 1469-1473.) The remedy in this case for the sentencing error on counts 2 and 4 is to either remand to the trial court for resentencing or for this court to exercise our

Page 25

authority to modify the judgment. ( 1260; People v. Alford, supra, at p. 1473.) In exercising our authority to modify the judgment, we impose and stay indeterminate terms of 25 years to life on both counts 2 and 4.