California Court of Appeal

Conviction for second degree burglary is affirmed where defendant broke into a specific storage unit with intent to commit larceny, an action that cannot constitute shoplifting of a 'commercial establishment' 'open during regular business hours' under Penal Code section 459.5, and is not eligible for resentencing under Penal Code section 1170.18, subds. (a) and (f).

Appellate Information

• Published 2016/08/15

Judges

• MANELLA

Court

• California Court of Appeal

Counsel