People v. Aguirre CA4/1

DISCUSSION

On November 4, 2014, while this appeal was pending, California voters approved

the Safe Neighborhoods and Schools Act (Proposition 47). (Ballot Pamp., Gen. Elec.

(Nov. 4, 2014) text of Prop. 47, § 1, p. 70.)2 It became effective the next day. (Cal.

All subsequent unspecified statutory references are to the Penal Code.

We grant the People's unopposed request to take judicial notice of the Official Voter Information Guide for the California General Election of November 4, 2014. 2 Const., art. II, § 10, subd. (a).) Proposition 47 reclassified certain nonserious, nonviolent

theft- and drug-related crimes from felonies to misdemeanors unless the defendant had

convictions for specified violent or serious crimes. It also established a procedure for

qualifying defendants to petition for recall and modification of their prior convictions and

sentences.

Among its reclassifying provisions, Proposition 47 added a new crime, shoplifting.

The crime is defined as ". . . entering a commercial establishment with intent to commit

larceny while that establishment is open during regular business hours, where the value of

the property that is taken or…