Tardy

Otha L. Tardy appeals the judgment entered after a jury convicted him of petty theft and the court found true that he had suffered a prior theft conviction within the meaning of Penal Code section 666. Tardy claims imposition of a felony sentence under section 666 violates due process because, although the accusatory pleading charged him with robbery and alleged prior qualifying convictions, it did not specifically charge him with the separate crime of petty theft with a prior conviction. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

An amended information charged Tardy with robbery (§ 211) and, in addition, alleged that he had served eight prior separate felony prison terms within the meaning of section 667.5, subdivision (b), (including several for petty theft with a prior conviction) and had suffered one prior serious or violent felony conviction (robbery) within the meaning of the “Three Strikes” law (§ 1170.12, subds. (a)-(d); § 667, subds. (b)-(i)) and a serious felony conviction under section 667, subdivision (a).

According to the evidence presented at trial, Tardy stole sheets and perfume from a department store in Los Angeles. When a security guard attempted to…