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Comments made by erik51

Prison Crisis: Life at Richard J. Donovan State Correctional Facility

top comment was a mistake-sorry

May 31, 2010 at 10:03 p.m. ( | suggest removal )

Prison Crisis: Life at Richard J. Donovan State Correctional Facility

The juvenile robbery cannot be used to increase a petty theft to a felony unless you were tried as an adult. The person who answered differently apparently overlooked this point.

Penal Code §666 turns a misdemeanor petty theft into a "wobbler" that can be charged as a felony or a misdemeanor if the person has 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..."

A juvenile court finding that a minor committed a crime is not a "conviction" as the term is used in Penal Code §666. In re Anthony R. (1984) 154 Cal.App.3d 772

However, even if you weren't tried as an adult, your juvenile robbery CAN be used as a strike prior in any future felony prosecution because you were 16 or older at the time you committed the prior offense. Here's how this could play out:

Say you're convicted of this petty theft and are sentenced to one day in jail. You turn yourself in, but they just fingerprint you, take your mug shot and let you go. For purposed of Penal Code §666, that still counts as serving time for a theft conviction.

Next semester rolls around, you're broke again and decide to steal ten bucks worth of supplies again. With your prior conviction, the DA decides to charge you with a felony AND allege your juvenile prior as a strike.

Unless the strike gets thrown out, the judge CANNOT give you probation on any new felony, so you're going to prison. Most people would be looking at a maximum of three years, but your sentence is doubled with the strike, so you could get as much as six.

If a guy without a strike gets maxed out at three years, he does half of his time and paroles in a year and a half. If you get six years, you have to serve eighty percent, which adds up to about four years and ten months -- more than THREE TIMES as much actual prison time as the guy without a strike.

I understand that paying for school can be tough, but if you get busted ripping off more school supplies, you might not have to worry about getting to class for a few years.

Please get an education in college, not prison. Good luck.

May 31, 2010 at 10 p.m. ( | suggest removal )