California Court of Appeal

In a resentencing petition to have defendant's felony conviction for second degree burglary, Pen. Code section 459, redesignated as misdemeanor shoplifting, section 459.5, is remanded where: 1) defendant is eligible for resentencing under section 1170.18(a), because his offense constitutes shoplifting as defined in section 459.5; 2) defendant is not, however, entitled to an order directing that he be resentenced, so the matter is remanded so the trial court can address the issue of dangerousness under section 1170.18(b)-(e).

Appellate Information

• Published 2017/03/22

Judges

• DETJEN

Court

• California Court of Appeal

Counsel