Carter

Appellant Rodger Carter was convicted by a jury of violating Vehicle Code section 10851, and the trial court found he had a prior felony conviction within the meaning of Penal Code section 666.5.

Penal Code section 666.5 is a repeat offender provision mandating an increased penalty for a person previously convicted of “felony vehicle theft under section 10851 of the Vehicle Code” who is subsequently convicted of that offense. This appeal requires us to consider the meaning of the term “vehicle theft.” We conclude in the published portion of this opinion that Penal Code section 666.5 applies to all previous and current felony convictions of Vehicle Code section 10851, not solely those convictions based on a finding that the defendant intended to permanently deprive the owner of possession of the vehicle.

I.-IV

V. Sentencing

A. Background

The information charged appellant and a codefendant with a violation of Vehicle Code section 10851 in that they did “drive and take a vehicle . . . without the consent of the owner and with the intent to deprive the owner of possession of said vehicle.” The information also alleged that appellant had a prior vehicle theft conviction…