People v. Vargas
Annotate this CasePenal Code section 459.5 was among the provisions added by Proposition 47. It reduces certain second degree burglaries to misdemeanors by defining them as “shoplifting,” that is, “entering a commercial establishment with the 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).” In this case, the trial court refused to reduce defendant’s second degree burglary conviction to a misdemeanor because she entered a check cashing establishment with the intent to use a forged check for $148, not to commit what the trial court commonly understood as shoplifting. The court concluded that defendant may qualify for resentencing because plaintiff has not disputed that defendant entered the check cashing establishment with the intent to commit theft by false pretenses. There is no dispute that defendant’s second degree burglary involved less than $950, so she would be entitled to resentencing unless the trial court determines in its discretion that resentencing defendant would “pose an unreasonable risk of danger to public safety.” Accordingly, the court reversed and remanded.
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