People v. Sloat
Annotate this CaseDefendant filed a Penal Code section 1170.18, subdivision (f) petition, seeking to have his 2002 felony petty theft with a prior conviction designated a misdemeanor. The trial court denied the petition, impliedly agreeing with the prosecutor that defendant was ineligible because the theft was not from an "open commercial business." The court agreed with the parties that this was an apparent reference to section 459.5, subdivision (a), which governs the crime of shoplifting. Because defendant was not seeking to have his conviction reduced to misdemeanor shoplifting, but rather misdemeanor petty theft, section 459.5 does not require that defendant enter a commercial establishment during regular business hours. Accordingly, the court reversed the order denying defendant's petition.
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