Stevens

Defendant raises various claims of error with respect to his sentencing under the “Three Strikes” law (Pen. Code, § 1170.12). We hold defendant was properly sentenced under the Three Strikes law for his petty theft conviction and that his prior conviction qualifies as a strike. However, because the record is unclear as to whether the court understood it had the authority to strike defendant’s prior conviction allegation and the authority to sentence his petty theft conviction as a misdemeanor under section 17, subdivision (b), we reverse the judgment and remand for resentencing.

Facts

Defendant was charged with committing petty theft on October 27, 1994, and having a prior theft-related conviction. (§ 666.) Additionally, his 1989 felony conviction for assault with a deadly weapon was alleged as a prior conviction under section 1170.12. After a waiver of jury, defendant was found guilty under section 666, and his prior conviction was found true.

Defendant asked the court to sentence his petty theft conviction as a misdemeanor under section 17, subdivision (b) or, in the alternative, to dismiss his strike under section 1385, subdivision (a). The court denied both…