People v. Meloney

Opinion

GEORGE, C. J.

Penal Code section 12022.1 1 provides that when a defendant who is on bail pending adjudication of a “primary offense” felony is convicted of a “secondary offense” felony, he or she “shall be subject to a penalty enhancement of an additional two years in state prison . . . .” (§ 12022.1, subd. (b).) The statute provides that when, as here, the secondary offense is adjudicated first, the court that adjudicates the secondary offense shall “stay imposition of the enhancement”; and that upon the defendant’s conviction of the primary felony offense (typically by another court),…