People v. Keller CA1/3

BACKGROUND

Defendant William Keller was apprehended in the parking lot of a supermarket after he walked out with a bottle of Jack Daniels concealed in his pants. He was charged by information under Penal Code section 666 with petty theft by a person who has served a prior term in a penal institution.1 The information also alleged Keller had committed four prior felonies that made him ineligible for probation under section 1203, subdivision (b)(e)(4); served two prior terms in state prison under section

1 All further statutory references are to the Penal Code.

1 667.5, subdivision (b); and had a prior conviction for robbery, a serious felony within the meaning of section 1170.12 subdivision (c)(1). In a negotiated disposition, Keller entered a no contest plea to the felony charge of petty theft with a prior under section 666, and admitted the truth of the prior robbery alleged under section 1170.12. The remaining allegations were dismissed. At sentencing, Keller moved to strike the prior robbery conviction in the interests of justice. The court granted the motion over the district attorney’s opposition. Keller was sentenced to the mid-level term of two years and awarded 137 days…