petty theft with a prior in CA

[kuanyinc]

does anyone know whether petty theft with a prior is a felony or a misdemeanor?also, my prior theft is never a conviction- it was dismissed after I did 40 hours of community service with no jail time. does that count as a conviction? what is the statute of limitation for petty theft with a prior?

 

[CdwJava]

PC 666 can be charged as either a felony or a misdemeanor.

666. Every person who, having been convicted of petty theft, grand
theft, 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, is
subsequently convicted of petty theft, then the person convicted of
that subsequent offense is punishable by imprisonment in the county
jail not exceeding one year, or in the state prison.

If you served NO time in jail for the previous theft, then you would not qualify for PC 666 and you would likely be charged for the appropriate current theft offense.

- Carl

 

[kuanyinc]

I was booked, or detained in the arresting PD. I don't know if that counts as serving a term in a penal institution.

by the way, can I juvenile record be used as a prior for Penal Code 666?

 

[CdwJava]

I was booked, or detained in the arresting PD. I don't know if that counts as serving a term in a penal institution.

No. It requires that you have been SENTENCED to do time.

by the way, can I juvenile record be used as a prior for Penal Code 666?

Yes, it can be. I am unaware of the specifics or conditions on this, however.

- Carl

 

[garrula lingua]

OP may have been sentenced after serving time.

The norm is one day county jail, credit one day served (the day he was booked, though it may have been a book & release, no overnight).

 

[CdwJava]

Yeah, it sounds like he was held for a short period at the jail. Perhaps pending citation or pending contact to parents if he was a juvenile.

And if he was a juvenile, I can't imagine that it was a time served issue as no agency I know of runs a city 602 facility. San Diego and Los Angeles have city jails, but I don't think they have city "halls". I am not aware of any other city jails out there where inmates stay for more than 24 hours (if that long).

- Carl