Watkins

We will affirm the judgment and in part hold that the defense of mistake of fact does not apply to the allegation of an enhancement under Penal Code section 12022.1.

The facts in this case need only be briefly stated. On December 14, 1989, defendant shoplifted two cartons of cigarettes from a Bakersfield supermarket. On September 22, 1990, he stole merchandise from a Bakersfield drugstore.

Defendant was charged in two separate actions with committing a petty theft. The information in each action alleged he had suffered five prior convictions (§ 666) and served four prior prison terms (§ 667.5, subd. (b)). The information regarding the September 1990 theft also alleged that at the time defendant committed the offense he was released from custody for the December 1989 theft (§ 12022.1).

The cases were subsequently consolidated. Defendant admitted two prior section 666 convictions and the court dismissed the others on the district attorney’s motion. Defendant further admitted the four section 667.5, subdivision (b) enhancement allegations.

The jury thereafter found defendant guilty of both charges.

Discussion

I. Motion to Suppress

II. Section 12022.1…