Jul. 14, 2022 – In re Mazur (4th Dist., Div. 1, D079597)

In a habeas proceeding, the Court of Appeal strikes an on-bail enhancement under PC 12022.1. The court agrees with defendant that PC 12022.1 unambiguously requires an arrest for the secondary offense. The court concludes that since defendant was not arrested for the secondary offense, the on-bail enhancement was improperly imposed, and counsel was ineffective for failing to challenge its imposition.