P.

FACTS AND PROCEDURE

On March 29, 2009, appellant shoplifted a number of items from a Wal-Mart

store. She had a previous conviction for petty theft (Pen Code, § 484).

On July 14, 2009, the People charged defendant in count one with felony petty

theft (§ 484), along with an allegation that she had committed a prior theft-related offense

(§ 666), and in count two with second-degree burglary (§ 459). The People also alleged

defendant had three prison term priors (§ 667.5, subd. (b)).

On January 21, 2010, a jury found defendant guilty on both counts and, as to count

one, found that defendant had been convicted of a prior petty theft. Defendant

experienced some medical issues that delayed sentencing for two years. On March 23,

2012, the trial court found the three prison term priors to be true. Also on March 23,

2012, the court sentenced defendant to five years as follows: the upper term of three

years for the burglary, two years consecutive on the felony petty theft, stayed pursuant to

section 654, plus two years consecutive for the prior prison terms. Pursuant to

Realignment, the court ordered defendant to serve two and one-half years in custody and

two and one-half…