California Court of Appeal

In a conviction for murder during the course of a robbery, defendant's sentence for on-bail enhancement is vacated and remanded, as although evidence is not insufficient to support the on-bail enhancement, trial court's imposition of a two-year imprisonment is vacated because it was imposed concurrently rather than consecutively as required by section 12022.1. Further, defendant is not entitled to a jury trial on the truth of the enhancement under either the federal or California Constitutions.

Appellate Information

• Decided 08/22/2012
• Published 08/22/2012

Judges

• Raye

Court

• California Court of Appeal

Counsel