California, United States of America
The following excerpt is from People v. Rodrigues, C055864 (Cal. App. 9/9/2008), C055864 (Cal. App. 2008):
Although defendant did not object to concurrent sentencing on these counts, the issue is not forfeited. "This is an exception to the general rule that only those claims properly raised and preserved by the parties are reviewable on appeal. This exception is not required by the language of section 654, but rather by case law holding that a court acts in excess of its jurisdiction and imposes an unauthorized sentence when it fails to stay execution of a sentence under section 654." (People v. Hester (2000) 22 Cal.4th 290, 295.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.