People v. Superior Court (Price)

Opinion

LOW, P. J.

Penal Code section 12022.1 provides that a defendant convicted of a felony committed while he was “released from custody on bail

[488]

or on his or her own recognizance pending trial on an earlier felony offense” shall be subject to sentence enhancement for the later felony if the earlier felony charge resulted in conviction.

1

Is an individual accused by felony complaint, but released on his own recognizance before preliminary examination, “pending trial” within the meaning of section 12022.1? We hold that he is.

David Price was accused of several felonies by an information which further alleged that at the time of commission of some of the offenses he was “out of custody on bail and on his own recognizance pending trial on” specified felonies. Proof at preliminary examination showed that at the time of the offense for which these enhancements are sought, Price had been at liberty on his own recognizance, charged with felonies by complaint while awaiting preliminary examination. The magistrate included the enhancements in his holding order. Price moved in respondent court to strike the enhancements on the ground that there had been “no evidence . . . presented at the preliminary examination” that he had been out of custody on his own recognizance pending trial on felonies at the relevant times. (Cf. Pen. Code, § 995;

People

v.

Superior Court

(Mendella) (1983) 33 Cal.3d 754, 756-757 [191 Cal.Rptr. 1, 661 P.2d 1081].) Respondent court granted the motion. By petition for writ of mandate, the People seek review.

The only issue before us is the question of statutory construction. We take into account basic principles: If no ambiguity, uncertainty, or doubt about the meaning of a statute appears, the provision is to be applied according to its terms without further judicial construction. If, on the other hand, there is ambiguity, uncertainty, or doubt, the statutory language should be construed so as to effectuate the apparent legislative purpose. In interpreting legislation, we must begin with the fundamental rule that a