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Name: People v. Hurt (2024) 98 Cal.App.5th 1241
Case #: C096740
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/22/2024

Where defendant committed two new offenses when she was released on bail after she committed two primary offenses, she is subject to only one on-bail enhancement under Penal Code section 12022.1. The prosecution originally charged defendant with two felony counts (counts 1 and 2) committed on August 12, 2021. Defendant posted bail and was released from custody. While on bail, she committed two new offenses (counts 4 and 5). She was convicted of all offenses after a jury trial. At sentencing, the trial court imposed two consecutive on-bail enhancements under section 12022.1, one on count 4 and one on count 5. Defendant appealed, arguing the court erred in imposing two on-bail enhancements. Held: One on-bail enhancement ordered stricken. Under section 12022.1(b), a trial court sentencing on a felony must impose a consecutive two-year enhancement if the defendant committed a new felony (a secondary offense) while on bail for another felony (the primary offense). Under section 1170.1, the determinate sentencing law, there are two kinds of enhancements: those that go to the nature of the offender and those that go to the nature of the offense. At sentencing, an enhancement arising from the circumstances of the crime enhances the several counts, but an enhancement arising from the nature of the offender is added only once as a step in arriving at the aggregate sentence. The on-bail enhancement, like enhancements for prior convictions, goes to the nature of the offender and thus can be added only once. Where there is only one primary offense, only one on-bail enhancement may be imposed no matter how many secondary offenses the defendant is sentenced on in a case. The same analysis applies where there are multiple offenses that qualify as primary offenses. Although counts 1 and 2 could each qualify as primary offenses, because they were charged as one case from which defendant was released from custody and committed counts 4 and 5, the enhancement may be imposed only once for that case.