(a)Every person who, having been previously convicted of a felony violation of Section 10851 of the Vehicle Code, or felony grand theft involving an automobile in violation of subdivision (d)
of Section 487 or former subdivision (3) of Section 487, as that section read prior to being amended by Section 4 of Chapter 1125 of the Statutes of 1993, or felony grand theft involving a motor vehicle, as defined in Section 415 of the Vehicle Code, any trailer, as defined in Section 630 of the Vehicle Code, any special construction equipment, as defined in Section 565 of the Vehicle Code, or any vessel, as defined in Section 21 of the Harbors and Navigation Code in violation of former Section 487h, or a felony violation of Section 496d regardless of whether or not the person actually served a prior prison term for those offenses, is subsequently convicted of any of these offenses shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or a fine of ten thousand dollars ($10,000), or both the fine and the imprisonment.
(b)For the purposes of this section, the terms “special construction
equipment” and “vessel” are limited to motorized vehicles and vessels.
(c)The existence of any fact which would bring a person under subdivision (a) shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.
Notes of Decisions
Cited in
145
cases (
51 in the last 5 years), 1991–2026 · leading case:
People v. Towne, 186 P.3d 10 (Cal. 2008).
People v. Towne, 186 P.3d 10 (Cal. 2008).
· cites it 2× “(e); Pen. Code, § 666.5, subd. (a).) The information also alleged, as to all counts, that defendant had three prior felony convictions, making him ineligible for probation (§ 1203, subd.”
People v. Gutierrez, 229 Cal. Rptr. 3d 531 (Cal. Ct. App. 5th 2018).
· cites it 2× “2 ) 1 (count 1) and driving or taking a vehicle without the owner's consent after a prior conviction for the same or similar offense (§ 10851; Pen. Code, § 666.5 ) (count 2) and misdemeanor counts for driving under the influence (DUI) of alcohol within 10 years of two other DUI…”
People v. Santos, 251 Cal. Rptr. 3d 483 (Cal. Ct. App. 5th 2019).
“(a), *928 Pen. Code, § 666.5 ; count 1), misdemeanor possession of a controlled substance, methamphetamine ( Health & Saf.”
People v. Lara, 438 P.3d 251 (Cal. 2019).
“With sentence enhancements for prior convictions and prior prison terms ( Pen. Code, §§ 666.5, subd. (a), 667.5, subd.”
People v. Pedro T., 884 P.2d 1022 (Cal. 1994).
· cites it 2× “(Pen. Code, § 666.5.) On January 1, 1997, the potential sentences for vehicle theft essentially revert to those that were available under the version of the vehicle-taking statutes operative January 1, 1993.”
People v. Ortiz, 196 Cal. Rptr. 3d 894 (Cal. Ct. App. 6th 2016).
“(Pen.Code, § 666.5.) The information further alleged defendant had suffered a prior "strike" conviction and served two prior prison terms.”
People v. Becerra, 243 Cal. Rptr. 3d 657 (Cal. Ct. App. 5th 2019).
“(a) ) and admitted having suffered a prior conviction for the same offense ( Pen. Code, § 666.5, subd. (a) ). 1 The trial court sentenced defendant to jail, suspended execution, and placed defendant on mandatory supervision (see § 1170, subd.”
People v. Enlow, 98 Cal. Daily Op. Serv. 4477 (Cal. Ct. App. 1998).
· cites it 3× “This term reflected a middle term of four years for a recidivist auto thief (Pen. Code, § 666.5) doubled because of Enlow’s prior strike conviction.”
People v. Najera, 184 P.3d 732 (Cal. 2008).
“Defendant then admitted previous convictions of unlawfully driving a vehicle (Pen. Code, § 666.5, subd. (a)) and two prior prison term enhancements (id.”
People v. Davidson, 221 Cal. App. 4th 966 (Cal. Ct. App. 2013).
“(Pen. Code, § 666.5.) Pursuant to “sentencing realignment,” appellant was sentenced to felony jail: two years in county jail and two years of mandatory supervision.”
People v. Carter, 96 Cal. Daily Op. Serv. 6417 (Cal. Ct. App. 1996).
· cites it 2× “Appellant Rodger Carter was convicted by a jury of violating Vehicle Code section 10851, and the trial court found he had a prior felony conviction within the meaning of Penal Code section 666.5. Penal Code section 666.”
People v. Stanphill, 170 Cal. App. 4th 61 (Cal. Ct. App. 2009).
“(a)) with two prior convictions for car theft in 2002 and 2005 (Pen. Code, § 666.5, subd. (a)); (2) receipt of a stolen car (Pen.”
— Cal. Penal Code § 666.5(a) — 1 case
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