People v. Anderson CA3

BACKGROUND

A June 2021 information alleged defendant committed robbery of an inhabited dwelling in concert with two others (§§ 211, 213, subd. (a)(1)(A); count one) and burglary (§ 459; count two) against the same victim on the same day. In July 2021, a jury found defendant guilty of those charges. The trial court imposed a sentence of three years in prison for the robbery (the low term). As for the burglary, the trial court imposed a term of two years, but stayed that term pursuant to section 654. Defendant timely appealed.

DISCUSSION

Effective January 1, 2022, “Assembly Bill [No.] 518 amended . . . section 654, subdivision (a) to provide, in pertinent part: ‘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.’ (Italics added.) Previously, where . . . section 654 applied, the sentencing court was required to impose the sentence that ‘provides for the longest potential term of imprisonment’ and stay execution of the other term. [Citation.] As amended by Assembly Bill [No.] 518, . . . section 654 now provides the…