Walker

Certified for Partial Publication. [*]

This appeal poses the question whether a defendant who is charged with a felony, is released on bail, and fails to appear as required can be punished for violations of both Penal Code section 1320.5 (failure to appear) and Penal Code section 12022.1 (an enhancement for committing an offense while released on bail or on one's own recognizance). The argument presented is that applying both statutes results in double punishment for the same act,—failing to appear—and thus violates Penal Code section 654, which states that an act or omission punishable in different ways by different statutory provisions shall not be punished under more than one provision. (Further section references are to the Penal Code.) We disagree.

As we will explain in the published portion of our opinion, section 12022.1 does not punish an act or omission within the meaning of section 654; rather, it is an enhancement attributable to the status of the offender. Therefore, section 654 is not applicable to punishment imposed pursuant to section 12202.1.

We also reject the dissent's position that section 1320.5 is a special statute which precludes…