People v. Tardy

Opinion

PERLUSS, P. J.

Otha L. Tardy appeals the judgment entered after a jury convicted him of petty theft and the court found true that he had suffered a prior theft conviction within the meaning of Penal Code section 666. Tardy claims imposition of a felony sentence under section 666 violates due process because, although the accusatory pleading charged him with robbery and alleged prior qualifying convictions, it did not specifically charge him with the separate crime of petty theft with a prior conviction. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

An amended information charged Tardy with…