People v. Terry

Opinion

PETERSON, P. J.

In this case we will hold that the crime of petty theft with a prior (Pen. Code,

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§§ 484, 486, 666) can constitute a felony offense within the meaning of the three strikes sentencing law.

I. Factual and Procedural Background

Appellant in this action, Roosevelt Jeffery Terry, was convicted of stealing a purse at a service station. The victim momentarily left her car to pay for her gas. While she was gone, appellant reached inside the car and stole her purse. When the woman realized what had happened, she called the police. Appellant was apprehended shortly thereafter. He asked the officer who caught him, “ ‘[I]f I show you where the stuff is at, will I have to go to jail?’ ”

Based on these facts, an information was filed charging appellant with, inter alia, one count of petty theft with a prior. The information also alleged

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that appellant had two prior serious felony convictions within the meaning of the three strikes law (§ 667, subds. (d) and (e)), and that appellant had served a prior prison term within the meaning of section 667.5, subdivision (b).

The case was tried before a jury which convicted appellant on the offense noted above. The jurors also found true the prior conviction and prior prison term allegations. The court thereafter sentenced appellant to a term of 25 years to life in prison. This appeal followed.

II. Discussion

A.

Three Strikes Issues

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Discretion to Dismiss the Strike

Allegations

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