California Court of Appeal

In a Proposition 47 appeal, Penal Code section 1170.18(k), challenging the imposition of an on-bail sentence enhancement, the enhancement is stricken where: 1) because appellant was subject to a full resentencing in his second case, the court was required to evaluate the circumstances as they existed then, and by that time appellant’s prior felony had been reduced to a misdemeanor: and as a result 2) defendant was ineligible for the section 12022.1 enhancement and the court erred by reimposing it. The case is otherwise affirmed as modified.

Appellate Information

• Decided 10/20/2015
• Published 10/20/2015

Judges

• FLIER

Court

• California Court of Appeal

Counsel