California Court of Appeal

Conviction and sentence of defendant for burglary and related crimes is affirmed as, when a trial court determines that Penal Code section 654 applies to a particular count, the trial court must impose sentence on that count and then stay execution of the sentence, as there is no authority for a court to refrain from imposing sentence on all counts, except where probation is granted, and failing to impose sentence on all counts can lead to procedural difficulties if the count on which sentence was imposed is later reversed or vacated.

Appellate Information

• Decided 01/13/2010
• Published 01/13/2010

Judges

• CANTIL-SAKAUYE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• David Annicchiarico, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Craig S. Meyers, Deputy Attorney General, for Plaintiff and Respondent.