People v. Colbert
Annotate this CaseFollowing his conviction on four felony counts of second degree burglary (Pen. Code 459, 460(b)), based on incidents that occurred in 1996-1997, Colbert was sentenced to 32 months in prison, consecutive to a six-year prison term he incurred due to a robbery he committed while out on bail on the burglary charges. In 2015, Colbert petitioned the trial court to redesignate certain of his felony convictions as misdemeanors pursuant to Proposition 47, the Safe Neighborhoods and Schools Act. The trial court denied Colbert’s petition, finding that he was not eligible for the relief requested. The court noted, and the court of appeal agreed, that, in each case, “[Colbert] and an accomplice entered an establishment and, while one of them distracted the cashier . . . , the other snuck into the non-public areas of the building to commit the intended thefts,” so that the offenses were based “upon entry into a private . . . office area and not a commercial establishment that was open during business hours” and could not qualify as “shoplifting” under section 459.5.
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