People v. Hamilton

Opinion

WOODS (Fred), J .

After a court trial, appellant was found guilty of petty theft with a prior (Pen. Code, § 666. Statutory references, unless otherwise noted, are to the Penal Code) and an alleged serious felony, a “strike” (§ 667, subds. (b)-(i)), was found true. Appellant was sentenced to a four-year state prison term, less one hundred thirty-nine days’ custody credits.

Appellant contends: (1) only a conviction suffered on or after March 7, 1994, can be a “strike”; (2) the “three strikes” statute is unconstitutionally vague; and (3) section 667, subdivision (c)(5), which limits custody…