BAKERSFIELD, Calif. (KGET) -- A preliminary hearing was postponed Friday for the first person in the county charged under a new law that took effect with the passage of Proposition 36. The hearing in the case against Dustin Towery was originally slated for Monday, but court records show it was moved to Feb. 24. Towery, 25, is accused of stealing electric scooters from the Target at The Shops at River Walk in December. He's charged with shoplifting with two or more prior convictions, a felony, and misdemeanor resisting arrest. Retired CDCR sgt facing DUI, hit-and-run charges Towery has six prior theft-related convictions. He previously would have faced only misdemeanors, but with the passage of Prop 36, a person with two or more theft-related convictions who steals property worth less than $950 can be charged with a felony. The two electric scooters Towery and an unnamed suspect allegedly stole have a combined value of $879, prosecutors said. Towery is being held without bail.