People v. BuycksAnnotate this Case
While defendant was out on bail after comitting a felony narcotics offense, he committed two additional felony offenses. The trial court imposed a two-year sentencing enhancement pursuant to Penal Code section 12022.1, subdivision (b) in the second case. Section 12022.1, subdivision (b) applies when a defendant commits a second felony while out on bail on an earlier felony. The trial court in the first case granted defendant's petition to reduce his narcotics offense to a misdemeanor after voters passed Proposition 47. Then the trial court in the second case reduced one of defendant's felonies to a misdemeanor. At issue on appeal was whether Penal Code section 1170.18, subdivision (k), enacted as part of Proposition 47, precluded the trial court from reimposing the on-bail enhancement in Penal Code section 12022.1 in the second case after the felony in the first case had been reduced to a misdemeanor. The court concluded that, because defendant was subject to a full resentencing in his second case, the trial court was required to evaluate the circumstances as they existed then, and by that time defendant’s prior felony had been reduced to a misdemeanor. Consequently, defendant was ineligible for the section 12022.1 enhancement and the trial court erred by reimposing it. Accordingly, the court strikes the on-bail enhancement and affirmed the judgment as modified.