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.
Filed January 13, 2010
Opinion by Judge Cantil-Sakauye
For Appellant: David Annicchiarico
For Appellee: Edmund G. Brown, Jr., Attorney General, Craig S. Meyers, Deputy Attorney General