What is the effect of section 12022.1 of the Determinate Sentencing Act on a defendant who commits a felony while released on bail?

California, United States of America

The following excerpt is from Jovan B., In re, 25 Cal.Rptr.2d 428, 6 Cal.4th 801, 863 P.2d 673 (Cal. 1993):

Penal Code section 12022.1 is part of the Determinate Sentencing Act (DSA) applicable to adult offenders. The statute provides that if one [6 Cal.4th 809] commits a felony while released on bail or O.R. pending final resolution of an earlier felony charge, he shall serve "two years in state prison" additional and consecutive to any other prison term imposed for either offense. If he is "convicted" and "sentenced" for the later offense before "conviction" for the earlier offense occurs, imposition of the enhancement shall be stayed. The stay shall be lifted by the court hearing the earlier offense at the time of sentencing in that case. If the defendant is acquitted of the earlier offense, the stay becomes permanent. Thus, the enhancement cannot be imposed unless the defendant is ultimately "convicted" of both offenses. (See People v.

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