People v. Rhoades CA4/3

BACKGROUND

Defendant was charged in a felony complaint with one count of theft with three prior convictions. (Pen. Code, §§ 484, subd. (a), 666, subd. (a).) The felony complaint also included a sentencing enhancement for defendant having committed the crime while out on bail on another crime (Pen. Code, § 12022.1, subd. (b)), and allegations of six prior prison term convictions pursuant to Penal Code section 667.5, subdivision (b), and one prior conviction pursuant to Penal Code sections 667, subdivisions (d) and (e)(1), and 1170.12, subdivisions (b) and (c)(1). Defendant pled guilty, admitted the sentencing enhancement, and admitted all priors. Defendant’s written allocution reads as follows: “In Orange County, California, on 7/12/2014, I did unlawfully steal/take away the personal property of Home Depot, with the intent to deprive Home Depot of possession & ownership and I had been convicted of theft related crime for which I was sentenced to serve time at a penal institute in the following cases: on 12/30/1998 in Riverside County, CA in

2 HE[F]001711, 9/7/1995 in San Bernardino County, CA in FSB08411, 5/16/1994 in San Bernardino County CA in FW[V]02868, 9/20/1990 in San…