Shoplifting With A Prior

[panther10758]

666. Every person who, having been convicted of petty theft, grand
theft, auto theft under Section 10851 of the Vehicle Code, burglary,
carjacking, robbery, or a felony violation of Section 496 and having
served a term therefor in any penal institution or having been
imprisoned therein as a condition of probation for that offense, is
subsequently convicted of petty theft, then the person convicted of
that subsequent offense is punishable by imprisonment in the county
jail not exceeding one year, or in the state prison.


666.5. (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 in the state prison 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.

[waterfall55]

What was the outcome?

[needhelpincalifornia]

The case is still ongoing. My attorney was able to meet with the DA early, and they decided to not change the penal code to a 666, but to allow it to stay a misdemeanor. GREAT NEWS...but we won't know the final judgment until late May.
Since the incident, I have completed the course through NASP, been seeing a psychologist for the past two months and have made extreme changes in my lifestyle so I will never get to "that point" again.