People v. Darwin

Opinion

KING, J.

In this case, we hold a one-year sentence enhancement under Penal Code section 667.5, subdivision (b), may be imposed for a prior prison term that is the basis of a conviction for petty theft with a prior under Penal Code section 666.

A jury convicted Melvin Julio Darwin of petty theft with a prior, and he admitted having served four prior prison terms for petty theft. The court sentenced him to the middle term of two years for the underlying offense plus four consecutive one-year terms for each of the prior prison terms.

Darwin contends one of the sentence enhancements must be…