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PEOPLE v. OVERSTREET

Docket No. Crim. 24837.

42 Cal.3d 891 (1986)

726 P.2d 1288

231 Cal. Rptr. 213

THE PEOPLE, Plaintiff and Respondent, v. FREDDIE LEE OVERSTREET, Defendant and Appellant.

Supreme Court of California.

November 13, 1986.

Attorney(s) appearing for the Case

COUNSEL

David B. Florance, under appointment by the Supreme Court, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, John W. Carney and Frederick R. Millar, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

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...

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