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Supreme Court of California

People v. Gonzales, 231171

In a Proposition 47 petition for misdemeanor resentencing under Penal Code section 1170.18, the Court of Appeals' denial of defendant's petition is reversed where: 1) the electorate intended that the shoplifting statute apply to an entry into an open commercial establishment during regular business hours to commit a nonlarcenous theft, and thus 2) defendant's act of entering a bank to cash a stolen check for less than $950, traditionally regarded as a theft by false pretenses rather than larceny, now constitutes shoplifting under the statute.

Appellate Information

  • Decided
  • Published 2017/03/23




  • Supreme Court of California


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