In Re Ramey

J.Frederick Daniel Ramey, petitioner, seeks review of a two-year sentence enhancement that was imposed upon him for committing a felony while out on bail. We find that, in the absence of a felony conviction for the original crime, the sentence enhancement should have been permanently stayed. We shall grant a writ of habeas corpus.

Facts

Ramey was arrested in Colorado for robbery. He was released on bail, committed a robbery in San Luis Obispo County, and was again arrested. The superior court sentenced him to three years in prison for the latter robbery. Ramey admitted that, at the time of the second robbery, he was on felony bail from Colorado. The sentencing court imposed a consecutive two-year enhancement, pursuant to Penal Code section 12022.1. The enhancement was ordered stayed pending Ramey’s trial in Colorado. (§ 12022:1 subd. (d).)

Ramey was returned to Colorado to stand trial on the original robbery. He pled guilty to an amended charge, assault in the third degree, a misdemeanor. Count 2 of the complaint was ordered dismissed. After he was sentenced and credited for time served, he was transported to California to serve the remainder of the San Luis Obispo…