SCHOTTKY, J.
The People of the State of California appeal from an order of the superior court dismissing an information charging Donald Joseph Perry with petit theft with prior conviction of petit theft.
The basis of the court's ruling was that it had no jurisdiction for petit larceny may not be considered so as to sustain a prosecution under section 666 of the Penal Code.
The section provides:
"Every person who, having been convicted of petit...
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