P. v. SITHIXAY ( part II )
This case again raises the unsettled question of whether Penal Code section 654 requires the trial court to stay one of two sentences imposed for the same act where one of the sentences was for an enhancement, not a punishment for a freestanding offense. In the published portion of this opinion, we hold that section 654 was applicable because the enhancement was based on defendant's conduct in committing the crime--not a status such as having a record of prior convictions
Comments on P. v. SITHIXAY ( part II )