People v. Levell

Opinion

AGLIANO, P. J.

Defendant was convicted, after a jury trial, of petty theft with a prior, a violation of Penal Code sections 484 and 666. The prior conviction, robbery, had resulted in the service of a state prison term of more than one year. When imposing judgment in the present case, the court sentenced defendant to the upper term of three years for theft and enhanced the sentence by one year for the prior prison term, pursuant to section 667.5, subdivision (b). On appeal, defendant contends that this sentence involves improper multiple punishment since his prior robbery conviction was…