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    Is PC 666 a felony in California

    Is a conviction for petty theft under PC 666 with a prior and with a prior jail term considered a felony? These charges were in Oakland, California.

    Here is a link to the charges: twitpic.com/1p5287/full



    Thanks for your help!!!

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    Quote Originally Posted by TamekaRaymond View Post
    Is a conviction for petty theft under PC 666 with a prior and with a prior jail term considered a felony? These charges were in Oakland, California.

    Here is a link to the charges: twitpic.com/1p5287/full

    Thanks for your help!!!





    The conviction you referenced at: http://twitpic.com/1p5287/full was from 1991. That appears to be a misdemeanor. It mentions "jail term", not prison. As you can see from the article below, not every petty theft with a prior is charged on the second conviction as a felony.

    Are you asking about that conviction or are there pending charges today?

    I looked for the conviction you posted, and I find no record of it, using my search capability.





    SHOPLIFTING IS PETTY THEFT
    Generally referred to as Shoplifting, Petty theft is the unlawful taking of someone else's property with the intent to deprive the owner of the property permanently. Petty theft is usually charged as a misdemeanor if it is a first offense, and the value of the property stolen is valued between $50 and $400. Petty theft can be punishable by a fine of up to $400 or by imprisonment in County jail for up to 6 months, or both. Petty Theft can be charged as a felony on your second offense under Penal Code section 666. A second conviction of Petty Theft can carry a maximum sentence of 16 months in state prison. Not all courts will charge a second Petty Theft as a felony. In fact, many courts do charge a second Petty Theft as a misdemeanor, depending on the value of the property taken and the time that has lapsed since the prior Petty Theft.

    http://www.lacriminaldefenseattorney...oplifting.html


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    Thanks for your response. I think you answered my question. I was looking for that conviction, and no...there are no other pending charges.

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    Also Judge... The prior conviction was for a jail term but the current conviction as posted does not give what the outcome was, except for it saying "convicted/guilty" - Thanks.

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    Quote Originally Posted by TamekaRaymond View Post
    Also Judge... The prior conviction was for a jail term but the current conviction as posted does not give what the outcome was, except for it saying "convicted/guilty" - Thanks.

    You're welcome.

    Some records do get lost.

    That darn thing is almost 20 years old.

    It might have been purged over time?

    Anyway, its no longer appearing.

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    Of course it could have been a felony conviction with county time in conjunction with probation. That record really does not show the level of offense.

    Tameka, if you need to know whether you have a felony on your record or not, there might be two ways to find out. One, go to the court and ask for a printout of the court record as that should show the level of the offense and the conviction information. Or, two, have your fingerprints run through the DOJ and they can send you a copy of your criminal history record.

    http://www.ag.ca.gov/fingerprints/security.php
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    Not sure if the question was answered- Yes, PC 666 is a felony. Even if the new offense is a misdemeanor, having a prior conviction for theft will allow the PC 666 charge in addition to the new theft charge.
    The link you show indicates PC 666 guilty/convicted... so yes, absolutely, that person has a felony record if that is what you are getting at.
    Last edited by mightymoose; 05-19-2010 at 10:03 PM.

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    Quote Originally Posted by army judge View Post


    .... not every petty theft with a prior is charged on the second conviction as a felony.



    That is correct, but in such case it would be prosecuted as a petty theft and the PC 666 would not be on the record.

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    However, PC 666 is a wobbler and can be charged as either a misdemeanor OR a felony. The record as indicated in the attached image makes no indication of the level of the offense. It MIGHT have been a misdemeanor, or it MIGHT have been a felony. The best ways to find out are to seek the court disposition or to request a copy of his CORI held by the CA DOJ.
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    Thanks 4 the info. Are felony records public? Meaning can I search any ones record, and if so where and how do I so this?

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    Quote Originally Posted by TamekaRaymond View Post
    Thanks 4 the info. Are felony records public? Meaning can I search any ones record, and if so where and how do I so this?
    The local court will maintain LOCAL public records of court cases involving a particular individual, but state criminal offender records are not generally available to everyone in CA.

    You can always pay an online public records "background" company a few dollars to find the information you seek, or, you can go to the local court where the person might have had a court case and ask.
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  12. The Following User Says Thank You to CdwJava For This Useful Post:

    TamekaRaymond (05-24-2010)

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    This is a late reply, but you mentioned paying an online service - do you happen to have the names of some trustworthy sites I might try? Thank you so much.

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