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People v. Alford, No. C060251

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By FindLaw Staff on January 14, 2010 11:37 AM

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.     

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Appellate Information

Filed January 13, 2010

Judges

Opinion by Judge Cantil-Sakauye

Counsel
For Appellant:   David Annicchiarico

For Appellee:   Edmund G. Brown, Jr., Attorney General, Craig S. Meyers, Deputy Attorney General

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