Valenzuela

Appellant was charged with a violation of sections 488 and 666 of the Penal Code, petty theft with two prior convictions. He was alleged to have stolen a coat from Gottschalk’s Department Store in Merced on December 4, 1978. Trial proceeded by the court, a jury having been waived. Appellant was convicted of stealing the coat, and the court further found that appellant had served time in custody following two prior petty theft convictions, pursuant to Penal Code section 666. Appellant was sentenced to a probationary term of 24 months, with a condition that he serve 10 months in custody, with credit for 1 day of time served. Appellant does not challenge the instant petty theft conviction and no further discussion of facts surrounding that incident is necessary here.

The contentions raised concern the use by the trial court of prior petty theft convictions incurred by appellant in 1973 and 1975. He urges that neither falls within Penal Code section 666. We discuss appellant’s particular arguments as follows:

I

Does an Earlier Sentence for Petty Theft, in Which the Only Time in Custody Ordered Was Credit for Time Served, Come Within Penal Code Section 666? Yes.

Penal Code…