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Amendments to Penal Code 666 to Apply Retroactively

By Neil Shous, Esq.

California Penal Code 666 -- more commonly known as ?petty theft with a prior? -- allows prosecutors to file a petty theft charge as a felony rather than a misdemeanor if the offender has three or more prior theft-related convictions. Historically, only one prior was required to elevate a subsequent petty theft to a felony charge. In September 2010, however, the California legislature amended Penal Code 666 to require three or more -- rather than just one -- prior conviction. In People v. Vinson, the Fifth District Court of Appeals ruled Monday that the amendment applies retroactively. Thus for a person currently facing prosecution for a theft that occurred even before September 2010, the state must prove three priors rather than just one...continue to full post

Full post as published by California Criminal Defense Blog on March 30, 2011 (boomark / email).