Home Budget Loans Inc. v. Jacoby & Meyers Law Offices

Defendant and appellant Richard Arthur Bruhn pled guilty to petit theft by a person with a prior conviction, a felony. (Pen. Code, §§ 666, 488.) He also admitted a penalty enhancement allegation that he had suffered a previous conviction for receiving stolen property (§ 667.5, subd. (b).) He was sentenced to state prison for the midterm of two years on the theft, plus an additional consecutive year on the enhancement. On this appeal from the judgment, he claims the trial court failed adequately to consider sentencing him under section 1170.9, which permits the court to select an alternative federal custody commitment for treatment of convicted felons who suffer from problems related to combat service in Vietnam. We agree and will vacate the sentence.