People v. Rubio CA4/1

Good Law
Court of Appeal of CaliforniaOctober 13, 2015D067806MCalifornia266 words

Opinion

Opinion

STATEMENT OF FACTS

On August 4, 2012, Rubio entered a Vons market in El Centro. She took various

items from the store without paying for them. She was detained after she left the store.

The value of the items taken was $69.14.

DISCUSSION

In November 2014, Rubio filed a petition pursuant to section 1170.18 for

resentencing of her burglary conviction. The court denied the request finding that the

burglary was not one of the enumerated crimes under Proposition 47.

The parties agree the case should be remanded for the court to reconsider Rubio's

request.

"Proposition 47, which is codified in section 1170.18, reduced the penalties for a

number of offenses. Among those crimes reduced are certain second degree burglaries

where the defendant enters a commercial establishment with the intent to steal. Such

offense is now characterized as shoplifting as defined in new section 459.5. Shoplifting

is now a misdemeanor unless the prosecution proves the value of the items stolen exceeds

$950." (People v. Sherow (2015) 239 Cal.App.4th 875, 879; People v. Rivera (2015) 233

Cal.App.4th 1085, 1091; People v. Contreras (2015) 237 Cal.App.4th 868, 889-891.)

On remand, the trial…

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