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PC 666 Petty Theft with Priors Fresno Defense Attorney

Petty Theft with priors is a serious charge.

PC 666. (a) Notwithstanding Section 490, every person who, having been convicted three or more times of petty theft, grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496 and having served a term therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable by imprisonment in a county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170.

(b) Notwithstanding Section 490, any person described in paragraph (1) who, having been convicted of petty theft, grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496, and having served a term of imprisonment therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable by imprisonment in the county jail not exceeding one year, or in the state prison. (1) This subdivision shall apply to any person who is required to register pursuant to the Sex Offender Registration Act, or who has a prior violent or serious felony conviction, as specified in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7. (2) This subdivision shall not be construed to preclude prosecution or punishment pursuant to subdivisions (b) to (i), inclusive, of Section 667, or Section 1170.12.

The Elements of PC 666 are:

1. Defendant has previously been convicted three or more times of petty theft, grand theft, auto theft under VC 10851, burglary, carjacking, robbery, or a felony violation of Section 496.

2. Defendant has served a term therefor in a penal institution

OR

2. Defendant was imprisoned in a penal institution as a condition of probation for that offense.

3. Defendant is subsequently being convicted of petty theft.

Sentences:

The sentence for PC 666 16 months in State Prison  24 months in state prison or 36 months.  There may be enhancements and other penalties due to out factors.  However, probation may be granted with up to one year of custody in a county jail and no mandatory minimum.

Proposition 47 may lead to a different charging document, possibly a misdemanor in some cases and this may affect whether a crime is a PC 666.

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