Welge

Defendant appeals from the judgment below specifically on the ground that his sentence was improperly enhanced based on two prior felony convictions.

Statement of The Case

Pursuant to a plea bargain, defendant pleaded guilty to a violation of Penal Code section 487 (grand theft, a felony). He also admitted two prior convictions as charged in the amended complaint. Three other alleged priors were dismissed as a part of the plea bargain.

The court sentenced defendant to the middle base term of two years on the grand theft charge and added two one-year enhancements based on the two prior felonies.

Defendant appeals on the ground that the enhancements were not proper. He argues: (1) the prior prison terms used to enhance his sentence were not “completed” pursuant to Penal Code section 667.5, subdivision (g); (2) one of the prior prison terms was not served in state prison as required by section 667.5, subdivision (e); and (3) the record does not show any allegation that the two prior prison terms were separately served.

Discussion

Defendant was charged with grand theft (§ 487), a nonviolent felony. Section 667.5, subdivision (b) governs nonviolent felonies and imposes a…