People v. Overstreet

Opinion

BROUSSARD, J.

The sole issue presented is whether a defendant who has pled guilty to a felony and thereafter commits another felony while released on his own recognizance pending sentencing is subject to the provisions of former section 12022.1 of the Penal Code imposing a two-year enhancement for felonies committed while released “pending trial.”1

On December 8, 1983, defendant pled guilty to receiving stolen property and was released on his own recognizance pending sentencing. Before sentencing, he was charged with murder, personal use of a firearm, and commission of a felony while…