Reyes

This consolidated appeal and habeas corpus petition involve a single issue: may the two-year enhancement set forth in Penal Code section 12022.1 be imposed on defendant/appellant and petitioner Mario Reyes for conviction of a felony in a “secondary offense” while on bail on a felony in a “primary offense,” when the primary offense is settled by a no contest plea to a misdemeanor? Based on language in People v. Walker (2002) 29 Cal.4th 577 [ 128 Cal.Rptr.2d 75 , 59 P.3d 150 ] (Walker), we hold the two-year enhancement under section 12022.1 does not apply when the primary offense is reduced to a misdemeanor and resolved by a plea of no contest.

PENAL CODE SECTION 12022.

Section 12022.1 creates an enhancement for persons convicted of a felony while released on bail or on their own recognizance on a felony charge. “Any person arrested for a secondary offense that was alleged to have been committed while that person was released from custody on a primary offense shall be subject to a penalty enhancement of an additional two years, which shall be served consecutive to any other term imposed by the court.” (§ 12022.1, subd. (b).) The statute provides specific definitions of…