California Court of Appeal
People v. Franske, 081591
In a criminal action, the trial court's reduction of defendant's second-degree burglary conviction to shoplifting under Proposition 47, and refusal to strike an associated on-bail enhancement, are affirmed where: 1) defendant's attempted theft of cigarettes and $242 from the victim constitute shoplifting under the plain language of Penal Code section 459.5, subd. (a); and 2) defendant's two-year on-bail enhancement survives even when defendant's secondary offense is reduced to a misdemeanor under Proposition 47.
Appellate Information
- Decided
- Published 2016/12/19
Judges
- ROBIE
Court
- California Court of Appeal