Bennett

Introduction

Following trial by jury, defendant and appellant Richard Victor Bennett was convicted of second degree burglary (Pen. Code, § 459, count I), and petty theft with a prior grand theft conviction (Pen. Code, § 666, count II), a felony. Appellant was sentenced to state prison for a total of five years, minus custody and good time/work time credits. He appeals from the judgment of conviction. We affirm.

Contentions

1. Inasmuch as appellant offered to stipulate to his prior grand theft conviction for purposes of the Penal Code section 666 charge, the trial court erred in allowing the prosecutor to present proof of that felony prior in open court.

2. Defense counsel’s failure to object to admission of the grand theft prior constitutes ineffective assistance of counsel.

Facts

Appellant, observed shoplifting in a Montgomery Ward store, was apprehended on the sidewalk outside the store and was arrested.

At his trial for burglary and petty theft with a prior grand theft conviction, appellant offered to stipulate to the prior in order to preclude the jury from learning of it. The prosecutor objected to the stipulation, arguing that People v. Hall (1980) 28 Cal.3d…