Griffin

When a defendant is convicted of a felony, an additional sentence is authorized if it is further proven that the defendant was on bail for another felony at the time of the crime. Under Penal Code 1 section 12022.1, the felony in connection with which the defendant is on bail is called the primary offense. The felony committed while on that bail is denoted the secondary offense. Under the factual scenario presented here, a consecutive two-year enhancement (12022.1 enhancement) must be imposed and the sentence on the secondary offenses must be ordered to run consecutively to the sentence given for the primary offenses. 2 (§ 12022.1, subds. (b), (e).)

Defendant Richard Griffin was admitted to bail on primary offenses alleged in Arizona. While on that bail he committed secondary offenses in California. After his California conviction, the court determined that he was subject to a 12022.1 enhancement. He argues that this determination was erroneous because 12022.1 only applies when the primary offense is committed in California. That argument fails. We conclude that the enhancement applies regardless of where the primary offense is committed. The trial court, *1115 however,…

I concur in the result reached in the majority opinion, but consider the issue presented to be more difficult. And, in my view, the difficulty highlights the need for legislative clarification.

*1120 Numerous other enhancement and recidivist statutes explicitly provide that they apply to felony convictions in other jurisdictions if the elements of the offense would constitute a felony under California law. (Pen. Code, 1 §§ 667, subd. (a)(1) [referring to a person previously convicted of a “serious felony in this state or of any offense committed in another jurisdiction which includes all of the elements of any serious felony”], 667, subd. (d)(2) [“A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense that includes all of the elements of the particular felony as defined in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7”], 667.5, subd. (f) [“A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law”], 1170.12, subd. (b)(2) [“A prior conviction of a particular felony…

When a defendant is convicted of a felony, an additional sentence is authorized if it is further proven that the defendant was on bail for another felony at the time of the crime. Under Penal Code [1] section 12022.1, the felony in connection with which the defendant is on bail is called the primary offense. The felony committed while on that bail is denoted the secondary offense. Under the factual scenario presented here, a consecutive two-year enhancement (12022.1 enhancement) must be imposed and the sentence on the secondary offenses must be ordered to run consecutively to the sentence given for the primary offenses. [2] (§ 12022.1, subds. (b), (e).)

Defendant Richard Griffin was admitted to bail on primary offenses alleged in Arizona. While on that bail he committed secondary offenses in California. After his California conviction, the court determined that he was subject to a 12022.1 enhancement. He argues that this determination was erroneous because 12022.1 only applies when the primary offense is committed in California. That argument fails. We conclude that the enhancement applies regardless of where the primary offense is committed. The trial court,…