P. v. Smith
A jury convicted James Bradford Smith of two counts of theft of personal property (Pen. Code,[1] § 487 subd. (a); count 1), and petty theft, with a prior (§§ 484 & 666; count 2). At a subsequent trial, the jury found true the alleged previous conviction of three armed robbery offenses in Illinois that qualified as "strikes" under California law (§§ 667 subd. (b)-(i), 1170.12 & 668).
The court concluded the three prior offenses legally qualified as "strikes" under California law, and dismissed two of the strikes pursuant to section 1385. The court imposed a sentence of six years on count 2; three years for petty theft with a prior doubled because of the remaining strike prior. Smith was not sentenced on count 1. Smith appeals contending count 2, petty theft with a prior conviction, must be dismissed as a lesser included offense of the count 1, grand theft conviction, and the matter remanded for resentencing. We affirm the sentence with directions to the trial court to strike the conviction on count 1.
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