Does section 12022.1 punish a defendant for his status of being on bail at the time of the crime?
California, United States of America
The following excerpt is from People v. Denard, 30 Cal.App.4th 1614, 37 Cal.Rptr.2d 12 (Cal. App. 1994):
We conclude section 12022.1 punishes a defendant for his status of being on bail at the time of commission of an offense. Thus, section 12022.1 does not punish an "act" or "omission" within the meaning of section 654 and the latter statute is inapplicable. (See People v. Price, supra, 4 Cal.App.4th at p. 1277, 6 Cal.Rptr.2d 263.)
The trial court properly refused to stay the on-bail enhancement under section 654.
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