When a defendant is convicted of a secondary offence while he was out on bail for a primary offence, can he be punished for his secondary offence?

California, United States of America


The following excerpt is from People v. Robinson, G054052 (Cal. App. 2018):

When a defendant is convicted of a secondary offense while he was out on bail for a primary offense, the trial court cannot punish him for the bail enhancement until he has been convicted of the primary offense. (Pen. Code, 12022.1, subd. (d); People v. Meloney (2003) 30 Cal.4th 1145, 1149.) So, if the defendant is convicted of a secondary offense before his primary offense is adjudicated, and the trial court imposes sentence on the enhancement, execution of the enhancement sentence must be stayed. (Ibid.) Then, if the defendant is later convicted of the primary offense, the stay is lifted. (Ibid.)

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