Vinson

People v. Vinson

Good Law
123 Cal. Rptr. 3d 625·193 Cal. App. 4th 1190·2011 Cal. App. LEXIS 357
Court of Appeal of CaliforniaMarch 28, 2011No. F059302California3,345 words

Opinion

Lead Opinion

Franson, J.

David Michael Vinson stands convicted, following a jury trial, of committing petty theft after having previously been convicted of a theft offense. (Pen. Code, 1 § 666.) Following a bifurcated court trial, he was found to have served two prior prison terms. (§ 667.5, subd. (b).) Sentenced to a total of five years in prison and ordered to pay various fees and fines, he now appeals. For the reasons that follow, we affirm. In the published portion of this opinion, we conclude the amendment to section 666 that became effective on September 9, 2010, applies retroactively. In the unpublished portion, we reject Vinson’s claims of insufficient evidence, and trial and sentencing error.

FACTS*

DISCUSSION

I.

Evidentiary Rulings *

II.

Section 666 Amendment

At the time Vinson committed the present offense, former section 666 provided: “Every person who, having been convicted of petty theft, grand *1194 theft, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496 and having served a term therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, is…

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