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California Petty Theft With Prior Defense Attorneys

California Penal Code § [Section] 666(a) – Petty Theft with a Prior Conviction

California Penal Code [CPC] §666(a)Petty Theft with a Prior Conviction – Penal Code Section 666(a) makes it illegal to commit a petty theft if you've previously been convicted of theft offenses including Burglary, Carjacking, or other property crimes and served a jail or prison term for the offense. Petty Theft can't involve property worth more than $950 at the time it's taken.

If you're convicted under Section 666(a), you face up to three years in a state prison, a fine of up to $10,000, or both a fine and imprisonment for a felony conviction. If you're convicted of a misdemeanor, you face up to six months in a county jail and/or a fine of up to $1,000.

What Does California Penal Code §666(a) [Petty Theft with a Prior Conviction] Prohibit?

In sum, to be guilty of Petty Theft with a Prior Conviction under CPC §666(a), you must:

  • Commit a petty theft; AND,
  • Have a conviction for a theft or another specified crime on your record; AND,
  • Have served a term for the conviction.

Defining “Petty Theft with a Prior Conviction” Under California Penal Code §666(a)

To convict you under CPC §666(a), the prosecutor must prove the following beyond a reasonable doubt:

  • PETTY THEFT: You committed Petty Theft punishable under CPC 484(a);[1] AND,
  • PREVIOUSLY CONVICTED: You were previously convicted of a theft offense including Petty Theft, Grand Theft,[2] Burglary,[3] Carjacking,[4] Robbery,[5] and Receiving Stolen Property,[6] or a specific violent crime, or a sex offense;[7] AND,
  • SERVED A TERM: You served a term in a penal institution[8] for the prior conviction.

Example: Defendant Damian has a petty theft conviction on his record. He served a day in jail as a precondition for probation. Damian is arrested for the same crime a year later. He is convicted under §666(a). Damian insists that he can't be said to have served a “real” jail term before – and, since he only served it as a probation condition, the single day in jail can't be held against him anyway. Is he correct?

Conclusion: Damian was convicted of a petty theft after having been convicted previously of the same crime. These are elements of the offense. Damian seems to believe the law requires a duration to be served for the statute to apply. It doesn't. Furthermore, the statute specifically refers to persons who, “having been imprisoned [ ] as a condition of probation,” served a jail term. Thus, Damian is incorrect.

Penalties For Petty Theft with a Prior Conviction Under CPC §666(a)

If you're convicted of Petty Theft with a Prior Conviction, the Felony penalty may be:

  • A term of up to three (3) years in a state prison; OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[9]

However, if you're convicted of Petty Theft with a Prior Conviction, the Misdemeanor penalty may be:

  • A term of up to six (6) months in a county jail; OR,
  • A fine of up to $1,000 (one-thousand dollars); OR,
  • Both a fine and imprisonment.[10]

Since you can be charged with a misdemeanor or a felony, depending on the unique facts of your case, Petty Theft with a Prior Conviction is a “wobbler”[11] crime in California. As stated previously, if you're convicted under Section 666(a), the Felony penalty may be up to three (3) years in a state prison, a fine of up to $10,000 (ten-thousand dollars), or both a fine and imprisonment.[12] If you're convicted of the Misdemeanor form, you face up to six (6) months in a county jail, a fine of not more than $1,000 (one-thousand dollars), or both a fine and imprisonment.[13]

Defenses Against California Penal Code §666(a) – Petty Theft with a Prior Conviction

Three common defenses against a charge of Petty Theft with a Prior Conviction under CPC §666(a) are:

You Do Not Have A Prior Conviction On Your Record

Example: Defendant David was arrested for a burglary and was charged. He was acquitted at trial because police erred in reading him his “Miranda”[14] arrest rights. Now, having been convicted of a theft crime, Prosecutors try to convict David under §666(a) because he was previously acquitted on what they call a ‘technicality.' David says there's no such thing, for purposes of this law. Which of them is correct?

Conclusion: David committed Petty Theft. But, while he was charged before with a crime covered by §666(a), he was acquitted. The law makes no distinction between persons previously acquitted on the merits (facts) of their cases and those acquitted owing to police error. What matters is whether a person was convicted and served time. Thus, David is correct. He does not have a prior conviction of his record.

You Didn't Commit Petty Theft

Example: Defendant Deirdre has a prior conviction for Petty Theft. Now she faces charges under §666(a) because she has been charged with stealing Neighbor's lawnmower (another petty theft). But Deirdre had permission from Neighbor to borrow the mower; Neighbor's husband just didn't know this when he reported the crime. Deirdre insists that she must be innocent, on these facts. Should she be convicted?

Conclusion: Deirdre, while she has a prior conviction for theft on her record, did not commit a theft when she took the lawnmower. She had Neighbor's consent to take it. Thus, she couldn't have violated Section 666(a) through stealing Neighbor's property; she couldn't have committed a theft at all, on these facts. Therefore, Deirdre should not be convicted under §666(a). She didn't commit Petty Theft.

You Were Falsely Accused

Example: Defendant Daryl has a prior conviction for Robbery. Victim Victor, the ex-boyfriend whom Daryl recently left, knows this. He vengefully reports Daryl for stealing Victor's watch, knowing that this will produce a charge against Daryl under §666(a). Daryl, in his defense, says “Victor is just mad” that Daryl ended their relationship. Is Daryl guilty of violating Section 666(a), under these circumstances?   

Conclusion: Daryl has a prior conviction listed in Section 666(a) of the Penal Code. This is an element of the crime. However, even if it's assumed that Daryl served time for the prior offense, the facts make it clear he didn't steal anything from Victor. The accusation was made only for purposes of revenge.  But a second crime is the main element of the offense. Thus, Daryl must be innocent. He was falsely accused.

Related Offenses

Note: The crimes below are described generally as “related” because they're frequently charged with CPC §666(a) and/or have common elements the prosecutor must prove beyond a reasonable doubt.

The California Penal Code includes several offenses related to Petty Theft with a Prior Conviction: Petty Theft (CPC §484(a)), Shoplifting (CPC §459.5(a)), Receiving Stolen Property (CPC §496(a)), Grand Theft (CPC §487), Robbery (CPC §211), Misappropriation Of Public Funds (CPC §424(a)), Burglary (CPC §459), Forgery (CPC §470(a)), and Extortion (CPC §518).

Petty Theft

California's statute criminalizing Petty Theft (CPC §§484(a)) applies, broadly, whenever property is taken without the owner's permission. The property must be worth $950 or less. It cannot be a firearm or an automobile. Petty Theft also does not require the use of fear or force. You must, however, move the property and keep it for some period. The crime is related to Petty Theft with a Prior Conviction because the basic crime addressed by the law is Petty Theft, permitting, in the same trial, charges of both crimes.

If you are convicted of Petty Theft, the penalty may be:

  • A term of up to six (6) months in a county jail; OR,
  • A fine of up to $1,000 (one-thousand dollars); OR,
  • Both a fine and imprisonment.[15]

California Jury Instructions – Petty Theft

To convict you under CPC §484(a), the prosecution must prove the following beyond a reasonable doubt:

You took property which was worth $950 or less. When you took it, you intended on taking it permanently or removing it for long enough that the owner would lose a major portion of its value or enjoyment of it. Finally, you moved it and kept it for some amount of time.

Example: Defendant Dominique goes to Victim Vi's candy store and pockets a handful of candies when Vi isn't looking. Dominique is about to leave when she has a change of heart. She returns the candies to the box from which she took them. Vi sees this, calls police, and has Dominique arrested under §484(a). Dominique defends herself by pointing out that she never even left the store. Should she be convicted?

Conclusion: Dominique took a pocketful of candy, property that was presumably worth less than $950. When she took it, it can be presumed she intended on keeping it; this is the only way she could've had “a change of heart” and returned the candy. She also moved the candy, and kept it, if only long enough to rethink her decision to steal. These are the elements of the crime. Dominique should be convicted.

Shoplifting

Shoplifting (CPC §459.5(a)) involves entering a commercial establishment with the intent to commit larceny during regular business hours. The value of the property must not exceed $950. “Any other entry into a commercial establishment with intent to commit larceny is burglary.”[16] The crime is related to Petty Theft with a Prior Conviction because an alternative charge to Shoplifting is Petty Theft, which can permit charges of both crimes in the same trial.

If you're convicted of Shoplifting, the penalty, without enhancement,[17] may be:

  • A term of up to six (6) months in a county jail; OR,
  • A fine of up to $1,000 (one-thousand dollars); OR,
  • Both a fine and imprisonment.[18]

Note: You can't be charged with both shoplifting and burglary or theft of the same property.

California Jury Instructions – Shoplifting

To convict you under §459.5(a), the prosecution must prove the following beyond a reasonable doubt:

You entered a commercial establishment that was open during regular business hours. When you entered the establishment, you intended to commit theft.

Example: Defendant Douglas goes to Victim Vic's Supermarket. He places several items in his cart. He intends on purchasing all of them. When he sees a small packet of Kool-Aid that he thinks he can steal, however, he pockets it. Vic sees him and has him arrested for Shoplifting. Douglas insists he can't be guilty under CPC §459.5(a) even if he is a thief. Is he correct, on these facts, or should he be convicted?

Conclusion: Douglas entered Vic's commercial establishment during regular business hours and committed a theft. However, he didn't form the intent to steal until he was inside Supermarket. Douglas committed Petty Theft (see above) when he took an item worth less than $950, having the intent to keep it. He is a thief, as he says. But Douglas should not be convicted under §459.5(a) on these facts.

Receiving Stolen Property

California law on Receiving Stolen Property (CPC §496(a)) applies whenever anyone buys or receives property that's been stolen or extorted, knowing how the property was obtained. The law also applies to concealing, selling, withholding, or aiding someone in concealing, selling, or withholding property from the owner, if you know how it was obtained. 

Receiving Stolen Property can be charged as either a Misdemeanor or a Felony, depending on the facts of your case, which makes CPC §496(a) a “wobbler” crime.[19] The charge is related to Petty Theft with a Prior Conviction because stolen goods often end up being resold, creating the possibility of both charges in the same trial.

If you're convicted of the Felony form of Receiving Stolen Property, the penalty may be:

  • A term of up to three (3) years in state prison;[20] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[21]

You can find more information in the California Property Crimes Defense Attorneys section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer - guaranteed.

California Criminal Jury Instructions – Receiving Stolen Property

To convict you under CPC §496(a), the prosecution must prove the following beyond a reasonable doubt:

You bought, received, sold, aided in selling, or concealed or withheld property that had been stolen from its owner or obtained by extortion. Additionally, when you were involved with the property, you knew it had been stolen or obtained by extortion.

Example: Defendant Derek regularly purchases and sells property he knows to be stolen. But when he arranges to purchase Friend's car, he thinks he's buying a vehicle his Friend owns. Later, however, he learns that Friend sold him a car which Friend had stolen. Derek is facing charges under CPC §496(a). Should Derek be convicted under these circumstances?

Conclusion: Derek bought property that had been stolen from its owner. This is half of the offense. But Derek believed he'd purchased a vehicle from its rightful owner because Friend didn't disclose that the owner was someone else. Since Derek didn't believe he was receiving stolen property, he should be acquitted under CPC §496(a). This is true irrespective of the fact that he otherwise deals in stolen goods.

Grand Theft

California's statute criminalizing Grand Theft (CPC §487) applies, broadly, whenever property is taken with value exceeding $950. The crime also applies to automobile theft and the theft or firearms. Grand Theft does not require the use of fear or force. You must, however, move the property and keep it for some period. The crime is related to Petty Theft with a Prior Conviction because theft is punished is specially under Section 666(a), permitting the prosecution to charge you with both in the same trial.

The facts surrounding your case will determine the severity of the charge. This makes Grand Theft a “wobbler”[22] crime in California. If you're convicted of a felony grand theft, the penalty may be:

  • A term of up to three (3) years in a state prison;[23] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both imprisonment and a fine.[24]

Note: Grand theft involving a firearm is considered a “serious felony,”[25] making it punishable under the state's “Three Strikes” system. If you amass three “strikes” on your record, you'll serve at least twenty-five years in a state prison.[26]

You can find more information in the Grand Theft section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer – and that's always guaranteed.

California Criminal Jury Instructions – Grand Theft

To convict you under CPC §487, the prosecution must prove the following beyond a reasonable doubt:

You took someone else's automobile, firearm, or property which was worth more than $950. When you took it, you intended on taking it permanently or removing it for long enough that the owner would lose a major portion of its value or enjoyment of it. Finally, you moved and kept it for some amount of time.

Example: Defendant Dan tells says he has inherited the Eiffel Tower but can't afford the repairs and wants to sell it. He presents paperwork to potential LA investors, proving that he owns the structure. He does not. Victim Vittorio doesn't learn this until he has paid Dan millions of dollars.[27] He has Dan charged under §487. Dan says he didn't move the Tower, so he can't be convicted. Is Dan innocent?

Conclusion: Dan made a fraudulent representation of his personal assets to trick Vittorio into paying Dan for something Dan didn't own. It can be assumed that Dan intended on keeping the “millions of dollars.” He held the money long enough for Vittorio to realize Dan didn't own the Tower. Finally, Dan only needed to move the money by taking it from Vittorio. These are elements of the crime. Dan is guilty.

Robbery

Robbery (CPC §211) involves using force or fear to take property from another person with the intent of not returning it. Robbery is linked to Petty Theft with a Prior Conviction because takings punishable as thefts are often the purpose of robberies.

Robbery is considered both a “serious” [28] and “violent felony”[29] under state law. Thus, it's subject to sentence enhancement under California's “Three Strikes” system. Three “strikes” on your record will result in a minimum of twenty-five years in state prison.[30]

If you're convicted of first-degree Robbery, the penalty, without enhancement, may be:

  • A term of up to nine (9) years in a state prison;[31] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[32]

Note: The intent to take property must have been formed before or during the use of force or fear.

Further information can be found in the Robbery section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. All calls go directly to a lawyer. We guarantee it.

California Jury Instructions – Robbery

To convict you under CPC §211, the prosecution must prove the following beyond a reasonable doubt:

You used force or fear to take property that was in the presence of another person. You took the property against that person's will. Finally, you intended to remove the property from the person's possession long enough that the person would not enjoy a major part of its value.

Example:  Defendant Donn admits that he falsely presented himself as “W. Clark Buffett” to dupe Victim Vanessa into paying to shelter him at a five-star hotel and funding his room expenses. (He said his “billionaire uncle Warren” would pay her back.)[33] But Donn insists he can't be guilty of charges pressed against him under Section 211 of the Penal Code. Is Donn correct - or has he admitted to a robbery?

Conclusion: Donn intentionally misrepresented his identity – and his wealth – to trick Vanessa into paying for Donn's lavish lifestyle. This is a form of theft. However, a robbery requires the use of force or fear to acquire property to which one has no right. Here, Donn fooled Vanessa into willfully parting with the money that paid for the room and the expenses. Although he is guilty of a crime, Donn is correct.

Misappropriation Of Public Funds

Misappropriation Of Public Funds (CPC §424(a)) involves taking public money for your own use or another person's use without legal authority. It's also illegal to loan or profit from public money or to make a false entry in accounting for public money. The statute also makes it a crime to refuse to disburse public money to a legal authority, to fail to transfer public money when required by law, or to fail or refuse to disburse money to a person authorized to receive that money, despite having a legal duty to do so. The crime is related to Petty Theft with a Prior Conviction because misappropriating public money can constitute a theft, permitting the prosecution to charge you with both crimes in the same trial.

If you are convicted of Misappropriation Of Public Funds, which is always a felony,[34] the penalty may be:

  • A term of up to four (4) years in a state prison;[35] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment;[36] AND,
  • Disqualification from holding office in California.[37]

California Jury Instructions – Misappropriation Of Public Funds

To convict you under CPC §424(a), the prosecution must prove the following beyond a reasonable doubt:

While responsible for public money, you took some money for your own or someone else's use without legal authority, or you loaned, made a profit from, or used some of that money without legal authority, or you kept a false account or made a false entry in an account of the money, or you changed, falsified, hid or obliterated an accounting of that money, or you refused or failed to disburse public money in response to a draft drawn by competent authority, or you failed to transfer money when required by law, or you failed or refused to disburse money that you'd received to a person legally authorized to receive that money, despite having a legal duty to do so. Additionally, you knew you weren't following the law, or you acted without legal authority, or you were criminally negligent in failing to know legal restrictions on your conduct.

Example: Defendant Derrick is in line at his local DMV. He notices that Employee has left a cash register open and has gone to the bathroom. Derrick reaches into the register and takes a handful of money. Police Officer sees, arrests him, and charges him under §424(a). Is he guilty under these circumstances?

Conclusion: Derrick willfully took money that didn't belong to him. This is a form of theft. It is also a crime. However, Derrick was not legally responsible for the money he took. Employee might have misappropriated the money, because Employee, who works for the DMV, was legally responsible for the funds. Therefore, even though Derrick committed a theft crime, he must be innocent under CPC §424(a).

Burglary

Penal Code §459 creates the crime of Burglary, which occurs any time someone enters a building with the intent to commit Theft or a felony inside the structure. The crime is related to Petty Theft with a Prior Conviction because entering a structure to commit a Burglary could permit charges of both crimes in the same trial.

Burglaries inside homes, vessels, floating homes or trailers are first-degree burglaries. All other forms are in the second degree. This makes Burglary a “wobbler” offense.[38] If you're convicted of Burglary in the first degree, the penalty can be:

  • A term of up to six (6) years in a state prison;[39] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[40]

Note:  You must form the intent commit the burglary at or before the time of entering the structure.

More information can be found in the Burglary Lawyer section of the Kann California Law Group's website. If you have questions, contact any of the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County.  An attorney will take your call. That's guaranteed.

California Jury Instructions – Burglary

To convict you under CPC §459, the prosecution must prove the following beyond a reasonable doubt:

You entered a building, a locked vehicle, or a structure intending to commit a felony or a theft involving property worth more than $950, or you entered a noncommercial establishment, or you entered a commercial establishment outside business hours with the same intent.

Example: Defendant Deeann jumps over the fence enclosing her nearby public pool and takes a swim late one night. The pool is closed at the time. While there, she finds a towel worth $10 and dries herself with it. Then she takes the towel home. Janitor, seeing her drying herself, calls police, who apprehend Deeann walking back to her house. Now she is facing charges under §459. Should Deeann be acquitted?

Conclusion: Deeann entered a noncommercial public pool after hours. This is simple Trespassing because Deeann didn't intend on committing another crime when she entered. Furthermore, Deeann had to have taken something worth significantly more than $10 for a charge under CPC §459 to make any sense. While Deeann is guilty of a theft, and Trespassing, she should be acquitted of Burglary.  

Forgery

Forgery (CPC §470(a)) occurs whenever anyone signs the name of another person or a fictitious person to any of the items listed in subdivision (d) of the statute. The crime is related to Petty Theft with a Prior Offense because Forgery can be used to acquire property or services by theft, permitting the prosecution to charge you with both in the same trial.

Since you can be charged with a misdemeanor or a felony count, depending on the facts of your unique case, Forgery is a “wobbler” offense.[41] If you are convicted of felonious Forgery, the penalty may be:

  • A term of up to three (3) years in a state prison;[42] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[43]

More information can be found in the California Forgery Crime Lawyers section of the Kann California Law Group's website. If you have questions, contact any of the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County.  An attorney will take your call. That is always guaranteed.

California Jury Instructions – Forgery

To convict you under CPC §470(a), the prosecution must prove the following beyond a reasonable doubt:

You signed someone else's name or a false name to one of the documents listed in CPC §470(d). You did not have authority to sign that name. You knew that you did not have that authority. Finally, when you signed the document, you intended to defraud.

Example: Defendant Drake falsifies a document saying that he owns 1000 shares of Google corporation. He takes this document to LA Bank, signs it with his own name, and presents it as part of a loan application. Victim Victor, LA Bank manager, recognizes the ruse and has Drake arrested. He has been charged under CPC §470(a) but insists that he is innocent. Should Drake be convicted, on these facts?

Conclusion: Drake created a false representation of his assets and used it in an effort to procure a bank loan. This is a crime. But presenting the falsified document was an attempted[44] fraud, not a forgery, because Drake didn't sign a name other than his own to the application. Therefore, while Drake is not free from criminal liability, he shouldn't be convicted of violating CPC §470(a).

Extortion

The basic form of Extortion (CPC §518(a)), ‘Extortion By Threat Or Force,' occurs whenever a person obtains valuables or official acts from another, with his or her consent, through wrongful use of force or fear, or under a claim of an official right. The threat “may involve harm to be inflicted by [you] or by someone else.”[45] Extortion is connected to Petty Theft with a Prior Conviction because an extortionate threat can be part of a theft, which allows the prosecution to charge you with both in the same trial.

If you're convicted of Extortion under CPC §518(a), a Felony, the penalty may be:

  • A term of up to four (4) years in a state prison;[46] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[47]

You can find more information in the Extortion section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer – and that is always guaranteed.

California Criminal Jury Instructions - Extortion

To convict you under §518(a), the prosecution must prove the following beyond a reasonable doubt:

You threatened another person or that person's property, intending to obtain the person's consent to give you money or property, or to do an official act. As a result, the other person consented. Finally, the other person gave you money or property or did an official act.

Example: Defendant Diego admits he threatened to reveal embarrassing photographs of Victim Vicky if she didn't provide him with $500 in cash. He admits that she consented. Nonetheless, Diego insists that he can't be guilty without more facts. Is Diego correct or has he admitted to violating CPC §518(a)?

Conclusion: Diego's saying he would reveal embarrassing photographs could create sufficient fear[48] to constitute an unlawful threat against Vicky. He made the threat with the intent of getting money. He also got Vicky's consent to pay the money. But the facts do not state whether Vicky ever gave the money to Diego. Without more facts, an element of the charge is missing. Diego, it follows, is correct.  

What Can I Do If I'm Charged With Petty Theft With A Prior Conviction?

The State of California regards Petty Theft with a Prior Conviction as a serious offense. If you're charged with Petty Theft with a Prior Conviction, it's essential that you retain a skilled, dedicated criminal defense attorney as soon as possible. Your rights, freedom, and livelihood are at stake.

Remember, a professional criminal defense attorney may be able to:

  • Negotiate a lesser charge in a plea bargain;
  • Reduce your sentence;
  • Or even get charges dismissed completely.

The attorneys at the Kann California Law Group have an excellent understanding of the local courts and an extensive knowledge of California's criminal justice system. We can represent you in Ventura, Santa Clarita, Los Angeles, Encino, Pasadena and many other Southern California cities. 

If you or someone you know has been arrested for, or charged with, Petty Theft with a Prior Conviction, our attorneys will analyze the facts of your case and plan a strategy that will help you obtain the best possible outcome.

Contact the Kann California Law Group today to schedule your free and confidential consultation. 

References

[1] See California Penal Code [CPC] §484 (a).

[2] See CPC §487.

[3]  See CPC §459.

[4] See CPC §215.

[5] See CPC §211.

[6] See CPC §496.

[7] “Subdivision (a) 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 clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667, or has a conviction pursuant to subdivision (d) or (e) of Section 368.” See California Penal Code [CPC] §666 (b).

[8] “A penal institution includes a city jail, county jail, state prison, any facility, camp, hospital, or institution operated to confine, treat, employ, train, and discipline persons in the legal custody of the Department of Corrections, federal prison, [or] other institution.” See California Criminal Jury Instruction 1850 (CALCRIM) (2017).

[9] See CPC §18 (a).

[10] See CPC §19.

[11] See “Wobbler Law and Legal Definition” at USLegal.com.

[12] See Endnote 9.

[13] See Endnote 10.

[14] See “50 Years of Miranda Rights and Myths” by Dan Kann. Blog, November 6, 2016, Kannlawoffice.com.  

[15] See Endnote 10.

[16] See CPC §459.5 (a).

[17] “Three Strikes” enhancement is possible for persons who committed crimes punished under CPC §§667 (e) (2) (c) (1) – (4) or Section 290 (c) of the state Penal Code. See CPC §459.5 (a).

[18] See Endnote 10.

[19] See Endnote 11.

[20] See CPC §1170 (h). [Version (Amended (as amended by Stats. 2018, Ch. 1001, Sec. 2) by Stats. 2020, Ch. 29, Sec. 15.)]

[21] See CPC §672.

[22] See Endnote 11.

[23] See CPC §489 (a).

[24] See CPC §489 (c) (1).

[25] See CPC §1192.7 (c) (26).

[26] See CPC §667 (e) (2) (a) (ii).

[27] Fact pattern based on confidence trickster Victor Lustig's successful effort at ‘selling' the Eiffel Tower in 1925. See “For Sale: The Eiffel Tower...” by Steve Silverman. Uselessinformation.org.

[28] See CPC §1192.7 (c) (19).

[29] See CPC §667.5 (c) (9).

[30] See Endnote 26.

[31] See CPC §213 (a) (1) (A).

[32] See Endnote 21.

[33] Fact pattern based on con artist and murderer Christian Gerhartsreiter's years-long effort to pass himself off as a Rockefeller. See “Cons, Murders, And A Kidnapping: The Case Of Clark Rockefeller” by Wyatt Redd. Allthatisinteresting.com, March 19, 2018.  

[34] See CPC §425.

[35] See CPC §424 (a).

[36] See Endnote 21.

[37] See Endnote 35.

[38] See Endnote 11.

[39] See CPC §461 (a).

[40] See Endnote 21.

[41] See Endnote 11.

[42] See CPC §473 (a).

[43] See Endnote 21.

[44] See CPC §21a.

[45] See California Criminal Jury Instructions 1830 (CALCRIM) (2017).

[46] See CPC §520.

[47] See Endnote 21.

[48] See CPC §519.

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