California Court of Appeal

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People v. Reyes, 268282

In a consolidated appeal of and habeas corpus petition involving the single issue of whether the two year enhancement set forth in Penal Code section 12022.1 be imposed on defendant/appellant/petitioner for conviction of a felony in a 'secondary offense' while on bail on a felony in a 'primary offense,' when the primary offense is settled by a no contest plea to a misdemeanor: 1) the judgment is affirmed where there is no error on the record; and 2) the petition is granted where the two-year enhancement under section 12022.1 does not apply when the primary offense is reduced to a misdemeanor and resolved by a plea of no contest.

Appellate Information

  • Decided
  • Published 2016/10/06

Judges

  • KRIEGLER

Court

  • California Court of Appeal

Counsel