Error and/or relief
The defendant challenges his sentence on the ground it violates Penal Code section 654. We agree that the course of criminal conduct in two of the counts was indivisible, and the trial court should have stayed execution of the sentence on one of them. We will remand the matter to the trial court to correct the sentence. In all other respects, we affirm.
Holding:
When a defendant’s single course of conduct violates two criminal statutes, the defendant may be convicted of both crimes, but may only be sentenced on one.
Authority:
PEN 654
People v. Jones (2012) 54 Cal.4th 350, 358–359