People v. Bruno

Opinion

PUGLIA, P. J.

In this appeal we hold that the same prior conviction charged as an element of the felony of petit theft with a prior conviction may also serve as the basis for an enhancement of the sentence for that crime under Penal Code section 667.5, subdivision (b).

Defendant pled guilty to a charge of petit theft having previously been convicted on July 9, 1980, in Sacramento Superior Court of burglary for which he served a term “in a penal institution and [was] imprisoned therein as a condition of probation____” (Pen. Code, § 666; all further references to sections of an unspecified…