San Diego

Terry Garrett, the former heroin addict who in August won $1 million in the California Lottery, pleaded guilty to petty theft Monday and will be the first lottery millionaire to spend time in prison.

As part of a plea bargain, Garrett, 40, of San Diego, will be sent to Chino State Prison for a 90-day diagnostic study before he is sentenced for stealing two bottles of cognac from a liquor store a month before he won his prize.

San Diego Superior Court Judge Ross Tharp dismissed a separate charge of possession of 10 ounces of cocaine for sale that was brought against him after he became a millionaire.

Garrett lost his 1986 Buick Skylark, which was seized by authorities after his Sept. 18 arrest, as part of the government’s seizure of assets held by drug defendants.

Tharp set sentencing for Jan. 12, although he indicated he would instead send Garrett for the diagnostic study, where prison officials will make recommendations as to the sentence. Garrett could receive three years in prison.

Garrett won the money Aug. 30 and will receive $40,000 a year, after taxes, for 20 years.

As a defense witness in the Sagon Penn murder trial, Garrett was described as a heroin addict by wounded San Diego Police Officer Donovan Jacobs. Garrett, who is black, testified that Jacobs had beaten him and abused him with racial slurs.

Garrett, who has a record of drug convictions, is free on $50,000 bail.