Is it permissible to use a prior conviction for petit theft under section 666 of section 667 of the California Criminal Code to elevate the theft to a felony?

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

Page 752

Other Questions


Is it permissible to use a prior conviction to elevate petit theft to a felony under section 70 of the California Criminal Code? (California, United States of America)
Does Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Is Section 666.5 of the California Criminal Code an enhancement or an elevated punishment scheme for recidivist car thieves who have a prior felony conviction for car theft? (California, United States of America)
Can a judge strike a criminal conviction for a prior felony conviction under section 1385(a) of the California Criminal Code? (California, United States of America)
Is a defendant punished under section 667, subdivision (a) of the California Criminal Code because he was convicted of having committed a new serious felony after suffering a prior serious felony conviction? (California, United States of America)
What is the effect of section 1170.18 of the California Criminal Code on a petition seeking relief for a prior felony conviction? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
If a witness has been convicted of a criminal offence under section 28(f) of the California Criminal Code, is that prior conviction relevant for impeachment of a witness? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.