Shoaff

I. Introduction

Defendant was charged with grand theft (Pen. Code, § 487, subd. I) but convicted of petty theft (§ 488)—ordinarily a misdemeanor offense. However, defendant received a felony sentence pursuant to section 666 because he had prior convictions for theft-related offenses for which he had served prison terms. On appeal, defendant contends he was improperly convicted of a non-lesser-included offense and the evidence was insufficient. In the published portion of this opinion, we conclude defendant was properly convicted and sentenced to prison for petty theft with a prior theft-related conviction and incarceration as enumerated in section 666 and we affirm the judgment.

II. Procedural Background

Defendant was charged with grand theft in violation of section 487, subdivision 1. The information also alleged defendant had served four prior prison terms for convictions of two of the theft-related offenses listed in section 666: two robbery convictions (§ 211) and two petty theft with a prior convictions. (§ 666). Each allegation of a prior conviction referred specifically to section 667.5, subdivision (b) which mandates enhanced sentencing based on prior prison…