California, United States of America
The following excerpt is from People v. White Eagle, 48 Cal.App.4th 1511, 56 Cal.Rptr.2d 749 (Cal. App. 1996):
Although we have addressed issues concerning dual or multiple use of prior convictions under section 667 (see People v. Ingram (1995) 40 Cal.App.4th 1397, 48 Cal.Rptr.2d 256), appellant raises a variation on the issue which we have yet to decide. Is it permissible to use the same prior conviction to elevate petit theft to a felony under section 666 and to invoke the sentencing provisions of section 667, subdivision (e)? 2
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