[Download] "People V. Meloney" by California Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: People V. Meloney
- Author : California Supreme Court
- Release Date : January 19, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Penal Code section 12022.1 *fn1 provides that when a defendant who is on bail pending adjudication of a "primary offense" felony is convicted of a "secondary offense" felony, he or she "shall be subject to a penalty enhancement of an additional two years in state prison . . . ." (§ 12022.1., subd. (b).) The statute provides that when, as here, the secondary offense is adjudicated first, the court that adjudicates the secondary offense shall "stay imposition of the enhancement"; and that upon the defendant's conviction of the primary felony offense (typically by another court), the court that adjudicates that offense "shall" lift the stay. (Id., subd. (d).) *fn2 We granted review to consider (1) whether either trial court - the court that adjudicates the primary offense, or the court that adjudicates the secondary offense (or both) - possesses discretion under section 1385 to strike the two-year "on-bail" enhancement; and (2) the role, if any, of the secondary-offense court, should the primary-offense court fail to lift the stay after the defendant has been convicted of the primary offense. In light of the language and purpose of the statutory provision, we reach the following conclusions: