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
Judges
- CORRIGAN
Court
- Supreme Court of California