Error and/or relief
The court erred in sentencing the defendant to concurrent terms, because section 654 permits punishment on only one of them. The sentence on one of them must be imposed then stayed.
Holding:
Under section 654(a), an act punishable in different ways by different provisions of law may be punished under either of such provisions, but in no case shall the act be punished under more than one. If section 654(a) prohibits multiple punishment, the court must stay execution of the affected sentence. Both counts applied to the same act by the defendant, driving while under the influence of alcohol.
Authority:
PEN 654
People v. Correa (2012) 54 Cal.4th 331, 337
People v. Alford (2010) 180 Cal.App.4th 1463, 1473-1474