Witcher

Glennell Witcher (appellant) was charged by information with two counts of petty theft with a prior conviction. (Pen. Code, § 666.) Two separate priors were charged in connection with the section 666 counts—a 1987 second degree robbery conviction and a 1990 second degree burglary conviction. The 1987 robbery conviction was also alleged as a “strike” pursuant to section 667, subdivisions (c), (d) and (e), and the sentence served on that conviction was charged as the basis for a section 667.5, subdivision (b), prior prison term enhancement allegation.

Prior to trial, appellant admitted the two priors for section 666 purposes. The jury found appellant guilty of both petty theft charges. Prior to sentencing appellant admitted his second degree robbery conviction for both section 667, subdivisions (b), (d), and (e), and section 667.5, subdivision (b), purposes. The trial court then sentenced appellant to a prison term of 48 months under the “two strikes” provisions of section 667—twice the lower term on the first section 666 conviction (32 months) plus twice one-third the middle term on the second conviction (16 months).

Appellant’s principal claim on appeal is that his…