California Court of Appeal

Conviction for second degree robbery and petty theft with a prior theft-related conviction is reversed in part as defendant cannot be convicted both of robbery and petty theft with a prior, arising from the same incident, since the prior conviction is a sentencing factor, rather than an element, so petty theft with a prior is a lesser included offense of robbery.

Appellate Information

• Decided 12/17/2007
• Published 12/17/2007

Judges

• FLIER, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Paul M. Roadarmel, Jr., and Sonya Won, Deputy Attorneys General, for Plaintiff and Respondent.