1st Kern County defendant convicted under Prop 36 sentenced
BAKERSFIELD, Calif. (KGET) — Dustin Towery picked the wrong day to steal a scooter.
His arrest came a day after Prop 36 took effect — leading to a felony charge against him for a theft that previously would have resulted in a misdemeanor.
On Monday, Towery, 25, was sentenced to a year in jail to be followed by a year on probation.
He pleaded no contest last month to shoplifting with two prior convictions — a new charge created by the proposition — making him the first person convicted in Kern County under the change in the law.
In December, prosecutors said, Towery and an unnamed suspect stole two electric scooters from the Target at The Shops at River Walk.
They ran out a back exit with the scooters and fled from officers. Towery was found hiding under a vehicle and arrested.
The scooters, which were recovered, had a combined value of $879.
Prop 36 changed the law so that a person with two or more theft-related convictions who steals property worth less than $950 can be charged with a felony. Court records show Towery has six prior theft-related convictions.
As part of his sentence, Towery can't go within 100 yards of any Target in Kern County.
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