How have courts overturned criminal convictions for failure to appear and/or enhancement for committing a felony while released from custody?

California, United States of America


The following excerpt is from People v. Odu, E068334 (Cal. App. 2019):

2. This court reversed defendant's conviction for failure to appear ( 1320, subd. (b)), and an accompanying enhancement for committing a felony while released from custody on another felony ( 12022.1). (People v. Odu (May 3, 2012, E052347) [nonpub. opn.].) Defendant was left with one enhancement under section 12022.1.

3. These criteria include the " 'furtherance of justice' " as required by section 1385 and as fleshed out in the case law cited earlier in this opinion, e.g., the "nature and circumstances" of the current and prior felonies, and the "particulars of his background, character, and prospects." (People v. Williams, supra, 17 Cal.4th at p. 161.)

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