What is the difference between a prior conviction for petty theft and sentence enhancements under section 666 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Weathington, 231 Cal.App.3d 69, 282 Cal.Rptr. 170 (Cal. App. 1991):

And finally, there is a logical basis long recognized in the jurisprudence of this state to distinguish between a prior conviction which is a sentencing factor (as in section 666) and a prior conviction which is an element of a crime (as in section 12021). (People v. Bouzas, supra, 53 Cal.3d at p. 479, 279 Cal.Rptr. 847, 807 P.2d 1076.) "Numerous decisions note that when a prior conviction (or similar legal-status factor) is an element of a substantive offense, failure to require a jury determination on that element may improperly impair the People's ability to prove and secure legitimate convictions of these offenses. [Citation.]" (Ibid.)

The court explained that prosecutions for petty theft under Penal Code section 484, with sentence enhancements under section 666 "are indeed 'logically distinguishable' [citation] from the section 12021 situation described above. Although it is quite possible that a jury that does not hear evidence of ex-felon status in a section 12021 prosecution might 'rebel and exercise its "naked power" to acquit because [it] might not believe that possessing a concealable firearm should be criminal' ( [People v. Hall (1980) 28 Cal.3d 143] at p. 154 [167 Cal.Rptr. 844, 616 P.2d 826] ), a jury that is called on to decide whether a petty theft has been committed faces no similar 'logical' problem.... [A] jury need not know that the defendant has been incarcerated for a prior theft-related offense in order to decide the question before it, namely, whether the defendant has committed the essential elements of the substantive crime of petty theft. [Citation.]" (People v. Bouzas, supra, 53 Cal.3d at pp. 479-480, 279 Cal.Rptr. 847, 807 P.2d 1076.)

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