PEOPLE v. MELONEY

No. S103633.

135 Cal.Rptr.2d 602 (2003)

30 Cal.4th 1145

70 P.3d 1023

The PEOPLE, Plaintiff and Respondent, v. Keith Robert MELONEY, Defendant and Appellant.

Supreme Court of California.

June 19, 2003.


Attorney(s) appearing for the Case

Campbell & Demetrick, Terence Rayner and James Farragher Campbell, San Francisco, for Defendant and Appellant.

Matthew Zwerling and J. Bradley O'Connell, San Francisco, for First District Appellate Project as Amicus Curiae on behalf of Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Gerald A. Engler, Acting Assistant Attorney General, Joan Killeen, Moona Nandi and George F. Hindall III, Deputy Attorneys General, for Plaintiff and Respondent.


GEORGE, C.J.

Penal Code section 12022.11 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...

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