People v. Young

Opinion

LOW, P. J.

Robert Wesley Young was convicted of illegal taking or driving of a vehicle, with a prior conviction for the same offense. (Veh. Code, § 10851; Pen. Code, § 666.5.) A prior prison term enhancement (Pen. Code, § 667.5) based on the same prior conviction was also found true. Although bifurcation of trial on the prison term prior had been granted, and defendant had stipulated to the prior conviction of illegal driving or taking, the jury was, over defense objection, informed of the prior conviction.

Following

People

v.

Bouzas

(1991) 53 Cal.3d 467 [279 Cal.Rptr. 847, 807 P.2d 1076], which interpreted a similarly worded statute, Penal Code section 666, we hold that Penal Code section 666.5 provides for enhancement of the sentence rather than defining a new offense. Consequently, the prior Vehicle Code conviction was not an element of any offense charged here, and article I, section 28, subdivision (f) of the California Constitution did not require that it be proven to the trier of fact. Penal Code section 1025 provides that when such a prior conviction allegation is admitted before trial the jury is not to be informed of the charge or admission. We conclude the error was prejudicial and reverse the conviction.

The automobile’s owner testified that he parked it outside a friend’s apartment building and went inside. About 30 or 45 minutes later he went outside and saw it was gone. After making a police report, he and his friend went in search of the car. About two hours later they located the car parked less than a block from the friend’s apartment.

The owner testified that when he recovered the car, wires had been pulled out of the ignition. The police report, however, which he signed at the time, records no damage to the automobile. The officer who wrote the report testified he noticed no damage to the ignition or ignition wiring. At the time

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of the first police report (when the theft was discovered) the owner told the officer he had left his keys in the center console of the car.