People v. Superior Court (Price)

Opinion

LOW, P. J.

Penal Code section 12022.1 provides that a defendant convicted of a felony committed while he was “released from custody on bail or on his or her own recognizance pending trial on an earlier felony offense” shall be subject to sentence enhancement for the later felony if the earlier felony charge resulted in conviction. 1 Is an individual accused by felony complaint, but released on his own recognizance before preliminary examination, “pending trial” within the meaning of section 12022.1? We hold that he is.

David Price was accused of several felonies by an information which…