People v. Osotonu
Annotate this CaseIn 1996, Osotonu and others were charged in Solano County with three counts of second-degree burglary, six counts of possession of a destructive device near certain places, five counts of sale or transportation of a destructive device, one count of attempted use of a destructive device, two counts of terrorizing, two counts of use of a destructive device to destroy property, and one count of conspiracy to commit a crime. They had used explosives to blow open an ATM during the night. In 2000, Osotonu entered a no contest plea and was sentenced to 26 years' imprisonment. In 2015, Osotonu asked the court to recall his three second-degree burglary convictions and resentence him to misdemeanor shoplifting under Proposition 47, Penal Code 1170.18. The court denied the petition as to count 10. The court of appeal reversed. Shoplifting is defined as “entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours.” Osotonu entered the ATM with the intent “to get money” and an ATM is “open during regular business hours” whenever it is available to the public to provide financial services. The court remanded for a determination of whether resentencing is appropriate under these specific facts.
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