Queen

The defendant was charged in San Bernardino County with the offense of committing a petty theft with a prior conviction of *503 petty theft in violation of Penal Code section 666. 1 Before having been brought to trial in San Bernardino County, he was arrested, charged, convicted and sentenced to prison for an offense in Orange County. He filed a written notice of his place of confinement and a request to be brought to trial for the San Bernardino offense within 90 days as provided in section 1381. The authorities did not bring him to trial within the 90-day period and on motion of the defendant, the San Bernardino proceedings were dismissed. A new complaint was subsequently filed against him and after a preliminary hearing, he was held to answer on the offense charged. An information was filed charging him with a violation of section 666 with the further allegations that he had suffered four prior convictions for nonviolent felonies within the immediate preceding five years, in violation of section 667.5, subdivision (b). He was convicted by a jury of the offense of violation of section 666 and thereafter, having waived a jury, the court found two of the four section…