(a)Notwithstanding Section 490, any person described in subdivision (b) who, having been convicted of petty theft, grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496, and having served a term of imprisonment therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable by imprisonment in the county jail not exceeding one year, or in the state prison.
(b)Subdivision (a) shall apply to any person who is required to register pursuant to the Sex Offender Registration Act, or who has a prior violent or serious
felony conviction, as specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667, or has a conviction pursuant to subdivision (d) or (e) of Section 368.
(c)This section shall not be construed to preclude prosecution or punishment pursuant to subdivisions (b) to (i), inclusive, of Section 667, or Section 1170.12.
Notes of Decisions
Cited in
204
cases (
12 in the last 5 years), 1957–2025 · leading case:
Lockyer v. Andrade, 538 U.S. 63 (2003).
Lockyer v. Andrade, 538 U.S. 63 (2003).
· cites it 6× “Because of his 1990 misdemeanor conviction, the State charged Andrade in this case with two counts of petty theft with a prior conviction, in violation of Cal. Penal Code Ann. § 666 (West Supp. 2002).”
Ewing v. California, 538 U.S. 11 (2003).
· cites it 4× “A subset of "wobbler" statutes, including the "petty theft with a prior" statute, Cal. Penal Code Ann. § 666 (West Supp. 2002), defining the crime in the companion case, Lockyer v.”
Leandro Andrade v. Attorney Gen. of the State of California Ernest B. Roe, Warden, 270 F.3d 743 (9th Cir. 2001).
· cites it 8× “However, because An-drade had been convicted of several prior offenses — all non-violent — his petty thefts were first enhanced to felonies under California Penal Code § 666, and then enhanced again to third and fourth strikes under California’s Three Strikes and You’re Out Law,…”
People v. Vivar, 485 P.3d 425 (Cal. 2021).
“The Riverside County District Attorney charged Vivar with possessing methamphetamine precursors with the intent to manufacture the drug (Health & Saf.”
Anthony Alphonsus v. Eric Holder, Jr., 705 F.3d 1031 (9th Cir. 2013).
· cites it 2× “Alphonsus was convicted of petty theft with priors, in violation of California Penal Code § 666, and resisting an executive officer, in violation of California Penal Code § 69.”
People v. DeHoyos, 412 P.3d 368 (Cal. 2018).
“(b) ); theft of, or receiving, property worth $950 or less ( Pen.”
Anthony Rios v. Silvia Garcia, Warden, 390 F.3d 1082 (9th Cir. 2004).
· cites it 2× “The State of California (State) charged Rios with petty theft with a prior theft-related conviction under California Penal Code § 666, 1 and second degree commercial burglary under California Penal Code § 459.”
In Re Martinez, 65 P.3d 411 (Cal. 2003).
· cites it 2× “On July 9, 1999, petitioner obtained a reversal of her conviction on habeas corpus review due to her receiving ineffective assistance from trial counsel.”
Michael Wayne Riggs v. J.W. Fairman, Jr., Warden, 399 F.3d 1179 (9th Cir. 2005).
· cites it 2× “Under such circumstances, we cannot conclude that the remedy of specific performance of the government’s plea offer was the only appropriate remedy.”
People v. Garza, 111 P.3d 310 (Cal. 2005).
“For example, Penal Code section 666 increases the punishment for petty theft when the defendant has a previous conviction for certain specified offenses, including “auto theft under Section 10851 of the Vehicle Code.”
Cal. Penal Code § 666(a): 1 case
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