California Court of Appeal

Denial of petition to recall sentence for conviction of second degree commercial burglary in violation of Penal Code section 459, is affirmed over defendant's claims that: 1) his crime meets the statutory definition of misdemeanor shoplifting under section 459.5, a crime added in 2014 by Proposition 47, the Safe Neighborhood and Schools Act; and 2) section 1170.18 impliedly applies to convictions pursuant to section 459.

Appellate Information

• Published 2015/11/12

Judges

• McINTYRE

Court

• California Court of Appeal

Counsel