People v. Rodriguez

Opinion

ABBE, J.

The People appeal an order striking the prior enhancement term (Pen. Code, § 1238, subd. (a)(6) and (10).) The issue presented is whether a single conviction and single period of incarceration for such conviction may be used both to upgrade petit theft from a misdemeanor to a felony under section 666 and to enhance the sentence under section 667.5, subdivision (b). We hold this is proper.

Respondent pled guilty to a 1987 petty theft (§ 484) and admitted he suffered a previous conviction for robbery in 1983 for which he served a separate term in prison. Upon sentencing, the court…