P. v. Elias
A jury convicted defendant Lutfi Elias of attempted murder (Pen. Code, 664/187, subdivision (a), count 1),[1]assault with a semiautomatic firearm ( 245, subd. (b), counts 2 and 3), discharging a firearm from a motor vehicle ( 12034, subd. (d), count 4), making a criminal threat ( 422, count 5), and shooting at an occupied vehicle ( 246, count 6). It also found true the allegation that Elias was a principal in the commission or attempted commission of counts 1 through 4. ( 12022, subd. (a)(1).) Elias had earlier admitted the special allegation that he was released from custody within the meaning of section 12022.1, subdivision (b)[2]when he committed the offenses alleged in counts 2, 3, 4 and 6. The court sentenced Elias to eight years eight months in prison.[3] The sentence included a two-year on-bail enhancement under section 12022.1, subdivision (b). The sole issue on appeal is whether the court erred in imposing, rather than staying, the two-year on-bail enhancement. Court conclude there was no error and therefore affirm the judgment.
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