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Name: People v. Griffin
Case #: A104361
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 04/28/2005
Subsequent History: Rev. den. 8/10/05

Appellant was on bail in Arizona for the primary offense when he committed secondary offenses in California. After the California conviction, the court determined he was subject to an enhancement pursuant to Penal Code section 12022.1 for committing a new offense while on bail, and imposed the sentence concurrently to the Arizona term. On appeal, he argued that this determination was error because section 12022.1 only applies where the primary offense is committed in California. The appellate court rejected appellant’s argument, holding that the enhancement applies regardless of where the primary offense is committed. However, the trial court erroneously imposed the California sentence concurrent to the Arizona term. Section 12022.1, subdivision (e) requires the sentence on the secondary offense to run consecutively to the term imposed for the primary offense. The sentence was therefore unauthorized, and remand was required for further proceedings. (Because an express condition of the plea bargain cannot be honored, appellant could withdraw his guilty plea.)