Error and/or relief
The court erred in not staying the sentence under section 654 for one of the two counts. The defendant’s sentence is reversed and the matter is remanded to the trial court for resentencing. On remand, the trial court shall select a sentence to stay execution of pursuant to section 654.
First Holding:
Where, as here, probation is revoked after imposition of sentence was previously suspended, a court must determine all matters necessary for sentencing, including whether section 654 applies.
Authority:
Cal. Rules of Court, rules 4.435(b)(1), 4.433(c)(3), 4.424
Second Holding:
Section 654 precludes multiple punishment where an act or course of conduct violates more than one criminal statute but a defendant has only a single intent and objective. When section 654 applies, the trial court has the discretion to select which statute to punish the defendant under and must stay execution of the other, duplicative sentences.
Authority:
People v. McCoy (2012) 208 Cal.App.4th 1333, 1338
People v. Mani (2022) 74 Cal.App.5th 343, 379
Third Holding:
We review the trial court’s explicit or implicit factual findings on section 654 issues for substantial evidence. The failure of defendant to object on this basis in the trial court does not forfeit the issue on appeal.
Authority:
People v. McCoy (2012) 208 Cal.App.4th 1333, 1338
Fourth Holding:
The record shows that the defendant removed an item from a business and was apprehended a short distance away from that business with the item still in his possession. At defendant’s sentencing hearing, the trial court indicated it was pretty obvious that defendant stole the item for the purpose of obtaining possession of it and then using it to support his drug habit. Under these circumstances, section 654 prohibits defendant from being punished for both theft and possession.
Authority:
People v. Allen (1999) 21 Cal.4th 846, 866-867
In re Adams (1975) 14 Cal.3d 629, 634
Fifth Holding:
Where, as here, the trial court suspended imposition of sentence and the defendant who was granted probation as part of a plea bargain violates that probation, subsequent sentencing is not limited by the terms of the original plea.
Authority:
People v. Segura (2008) 44 Cal.4th 921, 934