Trial court's imposition of enhanced sentencing on a defendant convicted of receiving stolen property while on a release from custody on his own recognizance (O.R.) is vacated as Penal Code section 1318 was not complied with in connection with defendant's release from custody and defendant did not commit a new felony while on an O.R. release. Therefore, since defendant's release did not qualify as an O.R. release under applicable law, the enhancement findings under section 12022.1 were not supported by the evidence.
Filed September 23, 2009
Opinion by Judge Kane
For Appellant: Jagdish J. Bijlani, under appointment by the Court of Appeal
For Appelle: Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Leanne LeMon, Deputy Attorneys General