Garrett

William Allen Garrett (Garrett) entered a plea of guilty in superior court case No. CRN17202 to driving under the influence in violation of Vehicle Code section 23153, subdivision (a) while on felony bail in violation of Penal Code section 12022.1. On May 15, 1990, Garrett was sentenced on two other felony cases, Nos. CRN17201 and CRN15678, and this case. A term of eight years, eight months was imposed in the other matters, and a consecutive eight-month increment imposed for this case, for a total of nine years, four months. The court, as recommended by the probation report, stayed the two-year section 12022.1 enhancement pursuant to the third sentence of section 1170.1, subdivision (a).

The People appeal, asserting the stay of the two-year enhancement was erroneous. Garrett argues the court had discretion to stay the enhancement. We agree with the contention advanced by the People, and reverse with directions.

Background

While on bail and awaiting (1) sentence for residential robbery while armed and having served a prior prison term, as well as (2) sentence for possession of controlled substances for sale, Garrett, fleeing from police officers, drove a stolen pickup…