California Court of Appeal

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People v. Smith, 062858

Denial of petitioner's Proposition 47 resentencing petition, seeking to have two felony second degree commercial burglary, Pen. Code section 459, convictions designated as misdemeanor shoplifting, section 459.5, because the value of the check or property does not exceed $950.00, is reversed where the victim check exchange business is a commercial establishment and there is otherwise insufficient evidence to support the court's denial of his petition.

Appellate Information

  • Decided
  • Published 2016/05/24

Judges

  • SLOUGH

Court

  • California Court of Appeal

Counsel

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