People v. Shoop CA2/8

FACTS

In September 2012, the People filed an information charging Shoop (and others) with one count of first degree burglary (count 1; Pen. Code, § 459), and one count of second degree commercial burglary (count 2; Pen. Code, § 459). As to count 1, the information alleged that Shoop entered “an inhabited dwelling, house and trailer coach and inhabited portion of a building” occupied by the victim, and that the offense was a serious felony within the meaning of Penal Code section 1192.7, subdivision (c), and a violent felony within the meaning of Penal Code section 667.5, subdivision (c), “in that another person, other than an accomplice, was present in the residence during the commission of the offense.” As to count 2, the information alleged that Shoop entered a Bank of America building “with the intent to commit larceny and any felony.” On a date not ascertainable from the record, Shoop was apparently convicted of count 1. The trial court placed Shoop on probation; there are several documents in the record referring to probation. At a probation progress hearing on November 13, 2014, about one week after the voters of California approved Prop. 47, Shoop made an oral motion to…