Error and/or relief
When section 654 applies, the term for the stayed sentence must be full term, not one-third the middle term. Remanded for the court to impose the full term on the stayed count.
Holding:
Under section 654, the trial court imposed and stayed eight months one of the counts, calculated as one-third the middle term of two years. The term imposed and stayed under section 654 must be a full term. This error resulted in an unauthorized sentence.
Authority:
People v. Cantrell (2009) 175 Cal.App.4th 1161, 1164
People v. Relkin (2016) 6 Cal.App.5th 1188, 1197–1198