BAKERSFIELD, Calif. (KGET) – The first person in Kern County to be charged under the new law that took effect with the passage of Proposition 36 took a plea deal, according to court records. Dustin Towery, 25, pleaded no contest to a felony count of shoplifting with two prior convictions on Mar ch 28. His misdemeanor count of resisting arrest was dismissed on the same day, records show. Prop 36 now in effect, stiffens penalties for ‘smash and grab’ crimes, drug offenses District Attorney's Office spokeswoman Daniela Gonzaga said Towery faces a two-year split sentence, with the first year to be served in custody and the remainder on felony probation. Sentencing is set for April 28. Towery was charged on suspicion of stealing two electric scooters from the Target at The Shops at River Walk in December. The two scooters Towery allegedly stole with an unnamed second suspect had a combined value of $879, according to a release by the DA's Office. Under Prop 36, a person with two or more prior theft-related convictions who steal property worth less than $950 could be charged with a felony. Never miss a story: Make KGET.com your homepage According to records, Towery has six prior theft-related convictions. Towery is being held without bail. ...read more read less