In re Mazur

DISCUSSION

By his petition for writ of habeas corpus, Mazur asserts that his prior defense counsels’ failure to challenge the imposition of the on-bail enhancement constituted ineffective assistance of counsel. The basis for Mazur’s argument is section 12022.1, subdivision (b), which imposes an enhanced sentence of two years in prison when a defendant who is on bail or released on his own recognizance is arrested for another offense. The provision states: “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), italics added.) Because Mazur was not arrested for the secondary offense, he contends the enhancement, by its terms, does not apply. The Attorney General responds that the policy animating the statute, to penalize recidivists, overrides the Legislature’s use of the word “arrest.” He argues the enhancement was properly applied here, and Mazur’s counsel was likewise not ineffective for failing to challenge it, despite…