California, United States of America
The following excerpt is from People v. Bury, 50 Cal.App.4th 1873, 58 Cal.Rptr.2d 682 (Cal. App. 1996):
Section 666 provides in pertinent part: "Every person who, having been convicted of ... robbery ... and having served a term therefor in any penal institution ... is subsequently convicted of petit theft, then the person ... is punishable by imprisonment in the county jail not exceeding one year, or in the state prison." The court therefore has the discretion to treat petty theft with a prior as either a misdemeanor or a felony. (People v. Bouzas, supra, 53 Cal.3d 467, 471, 279 Cal.Rptr. 847, 807 P.2d 1076.) Because defendant had been previously [50 Cal.App.4th 1877] convicted of robbery, he was subject to the instant theft being treated as a felony.
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