People v. BunyardAnnotate this Case
Defendant petitioned to have his felony conviction for second degree burglary, Pen. Code, 49, redesignated as misdemeanor shoplifting, and for resentencing. The trial court concluded that defendant's conviction did not qualify for resentencing, finding that an attempt to break into a coin-operated soap dispenser in a commercial laundromat did not comport with the commonsense meaning of "shoplifting." The court held that defendant was eligible for resentencing under section 1170.18, subdivision (a), because his offense constituted shoplifting as defined in section 459.5. However, the court held that defendant was not entitled to an order directing that he be resentenced. The court remanded so that the trial court could address the issue of dangerousness under section 1170.18, subdivisions (b) through (e).