People v. Gaylord CA3

DISCUSSION

The parties agree that one of the two counts involving the possession and transportation of fentanyl for sale should be stayed pursuant to section 654. We agree with the parties and will remand for resentencing. When the facts are undisputed, as they are here, we review the application of section 654 de novo. (People v. Corpening (2016) 2 Cal.5th 307, 312.) Section 654, subdivision (a) states, “An act or omission that is punishable in different ways by different provisions of law may be punished under either of such provisions, but in no case shall the act or omission be punished under more than one provision.” Section 654 prohibits punishing a defendant more than once for a single criminal act or for an indivisible course of criminal conduct that reflects a single intent or objective. (§ 654, subd. (a); People v. Corpening, supra, 2 Cal.5th at p. 311.) We apply a two-step inquiry to determine if section 654 bars multiple punishments “because the statutory reference to an ‘act or omission’ may include not only a discrete physical act but also a course of conduct encompassing several acts pursued with a single objective.” (People v. Corpening, supra, 2 Cal.5th at p.…