California Court of Appeal

Denial of Proposition 47 petition seeking to reduce a conviction of a second degree burglary offense to misdemeanor shoplifting under Penal Code section 459.5, is reversed where: 1) a 'commercial establishment' within the meaning of section 459.5 means a business that is primarily engaged in the buying and selling of goods or services regardless of whether these goods or services are sold to 'members' or the general public; and thus 2) a country club was a 'commercial establishment' within the meaning of that section.

Appellate Information

• Published 2016/09/07

Judges

• BANKE

Court

• California Court of Appeal

Counsel