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IAC: On-Bail Enhancement Improper

In re Mazur Docket: D079597 (Fourth Appellate District), Opinion Date: July 14, 2022. Petitioner Matthew Mazur concocted a fraudulent investment scheme that resulted in his conviction on 35 felony charges and various sentencing enhancements. After an appeal that resulted in resentencing, and several subsequent unsuccessful petitions for writs of habeas corpus, Mazur filed this petition for habeas relief, challenging the imposition of an on-bail enhancement under Penal Code section 12022.1. Mazur argued his counsel was ineffective for failing to challenge the enhancement because the statute, by its terms, did not apply. The Court of Appeal found the statute unambiguously required an arrest for a secondary offense, which did not occur in this case. Therefore, the Court agreed the on-bail enhancement was improperly imposed and that his counsel was ineffective for failing to challenge its imposition.

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