Is it permissible to use a prior conviction to elevate petit theft to a felony under section 70 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. White Eagle, 43 Cal.App.4th 1053, 51 Cal.Rptr.2d 68 (Cal. App. 1996):
Although we have addressed issues concerning dual or multiple use of prior convictions under section 667 (see People v. Ingram (1995) 40 Cal.App.4th 1397, 48 Cal.Rptr.2d 256), appellant raises a variation on the issue which we have yet to decide. Is it permissible to use the same prior conviction to elevate petit theft to a felony under section
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