PEOPLE v. MANILA

No. F046611.

42 Cal.Rptr.3d 340 (2006)

The PEOPLE, Plaintiff and Respondent, v. Sithixay MANILA, Defendant and Appellant.

Court of Appeals of California, Fifth District.

April 28, 2006.


Attorney(s) appearing for the Case

Susan Burke, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Wanda Hill Rouzan, Deputy Attorney General, for Plaintiff and Respondent.


Certified for Partial Publication.*

OPINION

WISEMAN, J.

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 free-standing offense. In the published portion of this opinion, we hold that section 654 was applicable because the enhancement was...

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