People v. Walker

59 P.3d 150, 128 Cal. Rptr. 2d 75, 29 Cal. 4th 577, 2002 Cal. Daily Op. Serv. 11930, 2002 Daily Journal DAR 13975, 2002 Cal. LEXIS 8313
CourtCalifornia Supreme Court
DecidedDecember 12, 2002
DocketS097725
StatusPublished
Cited by94 cases

This text of 59 P.3d 150 (People v. Walker) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Walker, 59 P.3d 150, 128 Cal. Rptr. 2d 75, 29 Cal. 4th 577, 2002 Cal. Daily Op. Serv. 11930, 2002 Daily Journal DAR 13975, 2002 Cal. LEXIS 8313 (Cal. 2002).

Opinions

[580]*580Opinion

BAXTER, J.

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,1 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 654’s bar against multiple punishment.

Factual and Procedural Background

The facts relevant to the legal issues presented are undisputed.

In February of 1998, defendant Daniel Walker was charged in case No. 62-344 with three counts of first degree residential burglary (§ 459) and one count of grand theft of a firearm (§ 487, subd. (d)). Defendant was released on bail and ordered to appear in court on April 2, 1998.

Defendant failed to appear in court as required and was charged in case No. 62-2191 with the offense of willful failure to appear in court while released on bail. (§ 1320.5.) The information in case No. 62-2191 also alleged, as a basis for enhancing defendant’s sentence under section 12022.1, that defendant committed the failure-to-appear offense while he was released from custody on bail in case No. 62-344. Defendant subsequently was apprehended.

In case No. 62-344, the prosecution successfully moved to amend to add one count of receiving stolen property (§ 496, subd. (a)), and a jury subsequently convicted defendant of all of the burglary, grand theft, and stolen property charges. In case No. 62-2191, defendant pleaded guilty to the failure-to-appear charge and admitted as true the enhancement allegation that he committed that offense while released on bail. As relevant here, defendant’s sentence included a term of eight months (one-third the middle [581]*581term) for the failure-to-appear offense (§ 1320.5), plus a consecutive sentence of two years for the sentence enhancement (§ 12022.1).

The Court of Appeal, in a split decision, upheld defendant’s sentence insofar as it imposed punishment under section 1320.5 and section 12022.1.

We granted defendant’s petition for review.

Discussion

Defendant contends the imposition of enhanced punishment under section 12022.1 is inappropriate for two reasons. As a matter of statutory construction, he argues, section 12022.1 does not apply when a defendant’s only on-bail offense is a willful failure to appear in violation of section 1320.5. In any event, he asserts, the imposition of punishment under both sections 1320.5 and 12022.1 violates section 654’s prohibition against multiple punishment of an act or omission, i.e., the single act of failing to appear in court while released on bail. We address these contentions in order.

A. Legislative Intent

Does the two-year sentence enhancement provided in section 12022.1 apply when a defendant’s only on-bail offense is a willful failure to appear in court as required, in violation of section 1320.5?

In this part of our analysis, we must ascertain what the Legislature intended when it enacted sections 1320.5 and 12022.1. We begin by examining the words of the respective statutes; if the statutory language is not ambiguous, then we presume the Legislature meant what it said, and the plain meaning of the language governs. (Allen v. Sully-Miller Contracting Co. (2002) 28 Cal.4th 222, 227 [120 Cal.Rptr.2d 795, 47 P.3d 639] (Allen); People v. Coronado (1995) 12 Cal.4th 145, 151 [48 Cal.Rptr.2d 77, 906 P.2d 1232] (Coronado).) If, however, the statutory language lacks clarity, we may resort to extrinsic sources, including the ostensible objects to be achieved and the legislative history. (Ibid.) In such situations, we strive to select the construction that comports most closely with the Legislature’s apparent intent, with a view to promoting rather than defeating the statutes’ general purposes. (Ibid.) We will avoid any interpretation that would lead to absurd consequences. (Ibid.)

Section 1320.5 defines a substantive criminal offense and the punishment therefor as follows: “Every person who is charged with or convicted of the commission of a felony, who is released from custody on bail, and [582]*582who in order to evade the process of the court willfully fails to appear as required, is guilty of a felony. Upon a conviction under this section, the person shall be punished by a fíne not exceeding ten thousand dollars ($10,000) or by imprisonment in the state prison, or in the county jail for not more than one year, or by both the fine and imprisonment. Willful failure to appear within 14 days of the date assigned for appearance may be found to have been for the purpose of evading the process of the court.” As reflected by its terms, section 1320.5 specifies no limitation whatsoever on the circumstances of its operation.

Unlike section 1320.5, section 12022.1 does not define a criminal offense; instead, it identifies circumstances under which a defendant charged with a substantive offense is subject to a sentence enhancement. Specifically, section 12022.1 provides that if a person charged with a felony (the primary offense) is released on bail or on his or her own recognizance and subsequently is arrested for committing another felony (the secondary offense) while released from custody on the primary offense, and if that person is convicted of both offenses, he or she “shall be subject to a penalty enhancement of an additional two years in state prison which shall be served consecutive to any other term imposed by the court.” (§ 12022.1, subds. (a), (b), (d).)2

The language of section 12022.1 provides no exception to its application in the event that the defendant’s only secondary offense is a violation of section 1320.5. To the contrary, section 12022.1 is phrased in unqualified terms stating that “[a]ny person arrested for a secondary offense which was alleged to have been committed while that person was released from custody on a primary offense shall be subject to a penalty enhancement of an additional two years in state prison which shall be served consecutive to any other term imposed by the court.” (Id., subd. (b), italics added.) The plain [583]*583meaning of these terms strongly suggests that the Legislature intended section 12022.1 to apply to secondary felony offenses of any kind without restriction, including violations of section 1320.5.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Ly CA2/5
California Court of Appeal, 2025
People v. Laughlin CA5
California Court of Appeal, 2025
People v. Kuzmichey
California Court of Appeal, 2024
People v. Vasquez CA5
California Court of Appeal, 2024
People v. Agtarap CA6
California Court of Appeal, 2024
People v. McCoshum CA3
California Court of Appeal, 2023
People v. Cabrera CA2/8
California Court of Appeal, 2023
People v. Tran
California Supreme Court, 2022
People v. Super. Ct. (Ortiz)
California Court of Appeal, 2022
People v. Flores
California Court of Appeal, 2022
People v. Wejbe CA4/3
California Court of Appeal, 2021
People v. Crummie CA5
California Court of Appeal, 2021
Marriage of Goodwin-Mitchell and Mitchell
California Court of Appeal, 2019
People v. Valenzuela
California Supreme Court, 2019
People v. Joseph
California Court of Appeal, 2019
People v. Buycks
California Supreme Court, 2018
Royce Mathew v. the Walt Disney Co.
690 F. App'x 509 (Ninth Circuit, 2017)
In re Guiomar
5 Cal. App. 5th 265 (California Court of Appeal, 2016)
People v. Reyes
3 Cal. App. 5th 1222 (California Court of Appeal, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
59 P.3d 150, 128 Cal. Rptr. 2d 75, 29 Cal. 4th 577, 2002 Cal. Daily Op. Serv. 11930, 2002 Daily Journal DAR 13975, 2002 Cal. LEXIS 8313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-walker-cal-2002.