Does section 12022.1 of the California Criminal Code apply to a person who commits a new felony while released from custody on a previous conviction?

California, United States of America


The following excerpt is from People v. Garcia, 33 Cal.App.4th 1119, 40 Cal.Rptr.2d 12 (Cal. App. 1995):

The case of People v. McClanahan (1992) 3 Cal.4th 860, 12 Cal.Rptr.2d 719, 838 P.2d 241, provides some support. There, in construing section 12022.1, the court distinguished the words "commit" and "conviction." " 'Section 12022.1 punishes a person who commits a new felony while released from custody on an earlier felony of which he ultimately is convicted; enhancements based on prior felony convictions punish persons who commit new crimes only after conviction of earlier felonies.' [Citation.]" (Id. at p. 870, 12 Cal.Rptr.2d 719, 838 P.2d 241, emphasis added.)

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