People v. Mendevil

Opinion

BEACH, J. —

Respondent herein was convicted after a jury trial of violating Penal Code sections 12303 (possessing a bomb) and 12303.3 (recklessly possessing a destructive device in a public building). Although count 2 provides for greater punishment (both under the determinate sentencing law and the indeterminate sentencing law), the trial court stayed execution of the sentence as to count 2 until defendant finished his term on count 1 or until the time for appeal has passed, the stay to become permanent after the completion of sentences to count 1. The People appeal from the “order…