People v. White Eagle

Appellant, Jonathan White Eagle, appeals from his sentence following his plea of guilty to petty theft with a prior conviction for robbery. (Pen. Code, § 666.) He admitted he was convicted in 1981 of robbery and he served a prison term for that offense. The aggravated term under section 666 of three years was doubled pursuant to section 667, subdivision (e)(1) for a total term of six years in prison. The prior prison term enhancement pursuant to section 667.5, subdivision (b) was stayed pursuant to section 654.

The underlying facts of appellant’s current conviction are undisputed and not relevant to the issues he raises on appeal. All issues pertain to the propriety of the sentence and primarily concern the interpretation and application of the sentencing provisions of section 667, subdivisions (b) through (i), commonly referred to as the “Three Strikes” legislation.

Introduction

Two of the claims appellant makes with respect to the Three Strikes law have been previously rejected by this court. In Gonzales v. Superior Court (1995) 37 Cal.App.4th 1302 [ 44 Cal.Rptr.2d 144 ], we held the determination of whether a prior conviction is a “strike” is made at the time the…