People v. Hernandez

Opinion

KANE, J.

Prior to sentencing on a 2004 felony conviction, appellant Alberto Hernandez, also known as Ubaldo Hernandez Araiza, was temporarily released from custody by the trial court to allow him to visit his ailing wife on the condition that he return to court for sentencing the following week. Appellant did not return. He was later arrested in 2007 on a new felony charge of receiving stolen property. The criminal complaint against appellant included an alleged enhancement under Penal Code section 12022.1, subdivision (b), 1 on the ground that the crime of receiving stolen property was…