California Court of Appeal

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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

Counsel

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