When the base term of a sentence has been stayed under section 654 of the Criminal Code, under what circumstances will the court change the determinate sentence for an enhancement?

California, United States of America

The following excerpt is from People v. Solano, E066477 (Cal. App. 2018):

"When the base term of a sentence is stayed under section 654, the attendant enhancements must also be stayed." (People v. Calles (2012) 209 Cal.App.4th 1200, 1221.) The trial court erred by imposing a sentence for an enhancement in Count 3 when the base term of Count 3 was stayed ( 654). Accordingly, we will direct the trial court to amend the determinate sentence abstract of judgment. Our direction will relate to Count 2, due to the error in the abstract of judgment reflecting the enhancement sentence was imposed in Count 2 rather than Count 3.

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