People v. Ornelas CA4/1

BACKGROUND

Ornelas committed multiple crimes after authorities released him on

bail following his arrest in other cases. 2 While out of custody on those matters Ornelas, with a firearm, broke into a former girlfriend’s house, took one of their shared children without the girlfriend’s consent, threatened to shoot and kill his ex-girlfriend, and also assaulted her. After a trial on these

Future undesignated statutory references are to the Penal Code.

We provide an abbreviated summary of the facts because they are not relevant to the issue on appeal. 2 offenses, a jury convicted Ornelas of them and found true various allegations. The court sentenced Ornelas to a total term of 26 years and eight months which included four count-specific section 12022.1, subdivision (b) enhancements for committing crimes while free on bail. Ornelas appeals, asserting error in imposing sentences for multiple on-bail findings. The People concede the error and do not oppose a sentence modification.

DISCUSSION

As part of Ornelas’s sentence in this matter, the court erroneously imposed four enhancements under section 12022.1, subdivision (b). Section 12022.1, subdivision (b) enhancements…