Error and/or relief
The trial court erred in imposing concurrent sentences on counts 3 and 4. The sentences on counts 3 and 4 must be stayed under section 654.
First Holding:
The sentences on counts 3 and 4 must be stayed under section 654 because these counts were based on the same acts for which sentence was imposed on counts 1 and 2. Section 654 precludes multiple punishment for a single act or omission, or an indivisible course of conduct. Under section 654(a), an act or omission that is punishable in different ways by different provisions of law may be punished under either of such provisions, but in no case shall the act or omission be punished under more than one provision.
An acquittal or conviction and sentence under any one bars a prosecution for the same act or omission under any other. If a defendant has two convictions, punishment for one of which is precluded by section 654, that section requires the sentence for one conviction to be imposed, and the other imposed and then stayed. Section 654 does not allow any multiple punishment, including either concurrent or consecutive sentences. Section 654 does not, however, preclude multiple punishment when the defendant’s violent act injures different victims.
Authority:
PC 654
People v. Deloza (1998) 18 Cal.4th 585, 591-592
Second Holding:
Add holding blurb here
Authority:
ADD AUTHORITIES HERE