People v. Brown
Annotate this CaseDefendant attempted to fill a forged prescription that was written on a prescription pad stolen from a physician. She was charged, in 2013, with second-degree commercial burglary (Penal Code 459) and attempted possession of a narcotic by a forged prescription. The complaint alleged an on-bail enhancement and four prior convictions. Defendant pleaded guilty to second-degree commercial burglary; count 2 was dismissed. She was placed on three years' probation. In 2015, defendant unsuccessfully sought to have her conviction reduced to a misdemeanor pursuant to Proposition 47. The court of appeal affirmed. The second-degree commercial burglary conviction did not fall within the new shoplifting misdemeanor offense in Proposition 47 (Penal Code 459.5), which defines “shoplifting” as “entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950). Any other entry into a commercial establishment with intent to commit larceny is burglary.” The court noted that defendant intended to pay for the prescriptions; her "intent" was to commit the crime of filling a forged prescription.
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