194 Cal.Rptr.3d 33
Cal. Ct. App.2015Background
- Appellant (Buycks) was convicted in Case 1 of felony drug possession (Health & Safety §11350) and sentenced to prison; while out on bail he committed offenses in Case 2 (petty theft with prior, Pen. Code §666(a); and evading a police officer, Veh. Code §2800.2(a)).
- In Case 2 he admitted the on-bail allegation (§12022.1) and was sentenced with the petty theft as the principal term, plus a 2-year on‑bail enhancement and prior prison-term enhancements.
- After Proposition 47 (§1170.18) passed, Buycks petitioned and the court reduced his Case 1 felony drug conviction to a misdemeanor and later reduced the Case 2 petty‑theft count to a misdemeanor, triggering full resentencing in Case 2.
- At resentencing the trial court elevated the evading count to be the principal felony term, but reimposed the 2‑year on‑bail enhancement; Buycks objected that §1170.18(k) made the former primary offense a misdemeanor for all purposes, precluding §12022.1 application.
- The Court of Appeal held that because Case 2 involved full resentencing and the prior felony had been reduced to a misdemeanor under §1170.18(k) ("misdemeanor for all purposes"), the on‑bail enhancement under §12022.1 (which applies only where both primary and secondary are felonies) could not be reimposed; the 2‑year enhancement was stricken and the judgment affirmed as modified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §1170.18(k) (Proposition 47) prevents reimposition of a §12022.1 on‑bail enhancement at full resentencing when the prior felony has been reduced to a misdemeanor | Respondent: Voters did not intend Prop. 47 to eliminate §12022.1; enhancement punishes abuse of bail and should survive resentencing | Buycks: §1170.18(k) makes the reduced offense a misdemeanor "for all purposes," so §12022.1 (limited to felonies) no longer applies | The court held §1170.18(k) precludes the §12022.1 enhancement at resentencing because the prior offense was a misdemeanor for all purposes at that time; enhancement stricken |
Key Cases Cited
- People v. Park, 56 Cal.4th 782 (interpreting the phrase "misdemeanor for all purposes" to bar enhancements tied to a prior felony once reduced)
- People v. Rivera, 233 Cal.App.4th 1085 (discussing Prop. 47 resentencing and statutory interpretation of §1170.18)
- People v. Navarro, 40 Cal.4th 668 (approval of full resentencing on all counts when sentencing circumstances change)
- People v. Walker, 29 Cal.4th 577 (discussing §12022.1 and the necessity of conviction of the primary offense for enhancement)
- People v. Ormiston, 105 Cal.App.4th 676 (describing the deterrent purpose of the on‑bail enhancement)
- People v. McClanahan, 3 Cal.4th 860 (on the on‑bail enhancement as punishment for breach of court's trust; requires felonious primary)
- People v. Flores, 92 Cal.App.3d 461 (rejecting imposition of a prior felony enhancement after legislative reduction to misdemeanor)