People v. Rodriguez Alaniz

This case presents the question of when, and by which court, the two-year on-bail enhancement provided for in Penal Code section 12022.1 should be imposed under the circumstances described in subdivision (d) of that statute, i.e., when the defendant has reoffended (i.e., committed a “secondary” offense) while on bail or own-recognizance release on charges stemming ffdm a previous (i.e., “primary”) offense, and sentencing on the secondary offense precedes sentencing on the primary offense.

Procedural History

On October 15, 1990, a criminal complaint was filed in the Fresno County Justice Court, Firebaugh Judicial District, charging appellant Jose Eloy Rodriguez Alaniz with two felony and three misdemeanor counts. The two felony charges were driving with a blood-alcohol level of 0.08 percent or more with three or more similar prior convictions within the past seven years (Veh. Code, §§ 23152, subd. (b), 23175), and driving while under the influence with three or more similar prior convictions within the past seven years (Veh. Code, §§ 23152, subd. (a), 23175). The misdemeanors are not relevant to the instant appeal.

Apparently appellant was released on bail or his own…