California Court of Appeal

In a petition for resentencing under Proposition 47 for conviction by no contest plea to commercial burglary under Penal Code section 459, where defendant and another person entered a convenience store with a stolen credit card and attempted to buy gift cards valued at $50, the trial court's denial of the petition is reversed where defendant is eligible for resentencing because: 1) entering a commercial establishment with the intent to use a stolen credit card to purchase property valued at no more than $950 constitutes shoplifting, a misdemeanor under Penal Code section 459.5(a); and 2) Penal Code section 459.5(b) provides that any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting.

Appellate Information

• Published 2016/06/15

Judges

• MARQUEZ

Court

• California Court of Appeal

Counsel