California v. Root
Annotate this CaseDefendant-appellant David Root petitioned for relief under Proposition 47. His burglary convictions involved incidents in which Root entered banks, during regular business hours, for the purpose of cashing forged checks in amounts less than $950. Although the precise issue in dispute had been challenged, the question presented to the Court of Appeal was whether entry into a bank to commit theft by false pretenses in amounts under $950 qualified as "shoplifting" under newly enacted section 459.5. The Court concluded that proper application of statutes and case law compelled the Court to conclude such crimes fit within the shoplifting offense, as then defined, and therefore Root's petition for relief had to be granted.
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