Fielder
People v. Fielder
Opinion
Opinion
Vogel, J.
INTRODUCTION
An information charged appellant Robert Fielder with assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)) and petty theft with a prior conviction for grand theft (§ 666). To enhance his sentence pursuant to section 667.5, subdivision (b), the information alleged appellant had suffered five prior felony convictions for which he had served prison terms.
Appellant, exercising the election found in Faretta v. California (1975) 422 U.S. 806 [ 45 L.Ed.2d 562 , 95 S.Ct. 2525 ], represented himself at trial. After the prosecution had presented its case, the trial court granted appellant’s motion for a judgment of acquittal (§ 1118.1) in regard to the charge of felonious assault. The jury convicted appellant of petty theft.
In a court trial,the court found appellant had been previously convicted of grand theft within the meaning of section 666. The court also found that three of the five prior convictions were true within the meaning of section 667.5, subdivision (b). The court imposed the upper term of three years for the conviction of petty theft with a prior and three one-year enhancements for the prior convictions. Appellant…