Cortez

An amended information charged defendant with petit theft with a prior petit theft (Pen. Code, § 666) and alleged defendant had served a prior prison term for vehicular manslaughter (Pen. Code, § 192, subd. (c)(3)) within the meaning of Penal Code section 667.5, subdivision (b). A jury convicted defendant as charged and defendant admitted the prior prison term allegation. Defendant was sentenced to state prison for an aggregate term of three years.

On appeal defendant contends, principally, that the evidence shows as a matter of law she did not serve a term in a penal institution within the meaning of Penal Code section 666. We deal with this contention in the published part of this opinion and, concluding that defendant is correct on this point but otherwise presents no grounds for reversal, we shall modify the judgment to reduce defendant’s conviction to petit theft.

Defendant took items of merchandise displayed for sale at a Mervyn’s department store, placed them in a Mervyn’s bag and walked out of the store without paying for them. The items had a retail value of $128.99. Defendant was apprehended by store security guards.

I

Penal Code section 666 provides in…