California, United States of America
The following excerpt is from People v. Galayan, B258290 (Cal. App. 2016):
In order to effect the application of section 654, we could either modify the sentence or remand for another sentencing hearing. In light of the trial court's careful and complex sentencing, it would be unwise for us to modify defendant's sentence on our own. "Courts view an aggregate prison term as one term made up of interdependent components. Thus, we cannot retain portions of the prior judgment; the invalidity of some of the components of [a defendant's] sentence requires us to remand for resentencing. [Citations.]" (People v. Baylor (1989) 207 Cal.App.3d 232, 237.) Instead we will remand to allow the trial court to conduct a new sentencing hearing which shall include the application of section 654 in the manner we have set forth. In applying section 654, the court shall identify the statute (either 210.5 or 136.1, subd. (c)(1)) that has the "longest potential term of imprisonment" ( 654, subd. (a)), sentence on that statute, and stay the sentence on the other offense.
4. Section 654 and the Enhancements
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