[DOWNLOAD] "People v. Walker" by Colorado Supreme Court * Book PDF Kindle ePub Free

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eBook details

• Title: People v. Walker
• Author : Colorado Supreme Court
• Release Date : January 12, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

In this case, we are asked to determine whether a defendant who is convicted of the felony of willfully failing to appear in court as required while on bail, a violation of section 1320.5 of the Penal Code, is subject, in addition to the sentence that statute prescribes, to a consecutive two-year sentence enhancement under section 12022.1. Section 12022.1 applies generally if a defendant charged with a felony is released on bail, is subsequently arrested for committing a second felony while on bail, and is convicted of both felony offenses. Application of settled rules of statutory construction leads us to conclude that the Legislature intended section 12022.1 to apply where, as here, the only felony the defendant commits while released on bail is a failure to appear in violation of section 1320.5. We further conclude that, because a section 12022.1 sentence enhancement is not based on the same act or omission for which punishment is authorized under section 1320.5, sentencing under both statutes may be imposed without violating section 654s bar against multiple punishment.

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