Brown

Defendant was convicted by pleas of no contest of four counts of violating Penal Code section 666 (petty theft with a prior conviction of burglary) and one count of violating Penal Code section 487 (grand theft). Defendant admitted he committed one of the section 666 violations while he was released pending trial on an earlier felony offense so as to come within the enhancement provisions of Penal Code section 12022.1. The court found defendant had served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). Defendant was sentenced to state prison for a total term of seven years and eight months, staying one year and eight months of the sentence.

The trial court granted defendant a certificate of probable cause to raise on appeal the issues of the trial court’s refusal to allow defendant’s counsel to withdraw as counsel for defendant on the first day of jury trial and the trial judge’s subsequent refusal to disqualify himself. Defendant raises these issues on appeal and additionally argues the trial court improperly found he had served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). The People concede…