Barela

I concur.

Section 654 provides in part: “An act or omission which is made punishable in different ways by different provisions of this code may be punished under either of such provisions, but in no case can it be punished under more than one; ...” Section 654 has been consistently interpreted to permit the court to punish, by imprisonment, for the lesser offense or less severely punishable offense and stay the execution of sentence for the greater offense. (See cases collected in People v. Mendevil (1978) 81 Cal.App.3d 84, 89 [ 146 Cal.Rptr. 65 ].)

The amendment of section 1203.06 in 1975 prohibiting the granting of probation or the suspension of the execution or suspension of sentence did not expressly prohibit the staying of service of the sentence, but the implication is that it is included in the prohibition of section 1203.06. Nor did section 1203.06 expressly prohibit the application of section 654 to stay the *162 greater or more severe sentence. We may presume that the Legislature enacted section 1203.06 with full knowledge of the interpretation that had been given to section 654 as illustrated in the cases cited in Mendevil, supra.

As stated in Buckley v. Chadwick…

To an information charging three counts, respondent Daniel Cecil Barela (respondent) entered a plea of guilty to all counts. In count I of the information filed October 6, 1981, respondent was charged with a violation of Penal Code 1 section 211, for which the sentence range is two, three or five years (§213). In count II he was charged with violation of section 245, subdivision (a), for which the sentence range is two, three or four years. In count III he was charged with violation of sections 664 and 187, for which the sentence range is five, seven or nine years (§ 664, subd. 1).

Additionally there was alleged in the information a two-year enhancement for use of a firearm under section 12022.5 as to all three counts. As to counts I and III only, a three-year enhancement under section 12022.7 was alleged. As to count I only, a one-year enhancement under section 12022.6, subdivision (a) was alleged.

By amended information filed on December 18, 1981, the day respondent’s plea was taken, enhancements under section 667.5, subdivision (b) were alleged as to all three counts. These enhancements grew out of two separate prior felony convictions suffered by…

To an information charging three counts, respondent Daniel Cecil Barela (respondent) entered a plea of guilty to all counts. In count I of the information filed October 6, 1981, respondent was charged with a violation of Penal Code [1] section 211, for which the sentence range is two, three or five years (§ 213). In count II he was charged with violation of section 245, subdivision (a), for which the sentence range is two, three or four years. In count III he was charged with violation of sections 664 and 187, for which the sentence range is five, seven or nine years (§ 664, subd. 1).

Additionally there was alleged in the information a two-year enhancement for use of a firearm under section 12022.5 as to all three counts. As to counts I and III only, a three-year enhancement under section 12022.7 was alleged. As to count I only, a one-year enhancement under section 12022.6, subdivision (a) was alleged.

By amended information filed on December 18, 1981, the day respondent's plea was taken, enhancements under section 667.5, subdivision (b) were alleged as to all three counts. These enhancements grew out of two separate prior felony convictions suffered by…