People v. Case CA4/2

INTRODUCTION

The People appeal from an order granting the petition of defendant Justin Alan

Case for resentencing of his conviction of second degree burglary (Pen. Code, § 459)1 to

misdemeanor shoplifting (§ 459.5). The People contend that defendant’s offense did not

qualify for resentencing under section 1170.18 because defendant entered a bank to cash

fictitious checks, not to commit shoplifting, and a bank is not a commercial establishment

for purposes of section 459.5. We affirm.

FACTS AND PROCEDURAL BACKGROUND

On January 12, 2012, defendant was charged in a felony complaint with two

counts of second degree burglary (§ 459; counts 1 & 3) and two counts of check forgery

(§ 476; counts 2 & 4). Specifically, the complaint alleged in counts 1 and 3 that on

January 3 and 6, 2012, defendant “did willfully and unlawfully enter a certain building

located at 1130 W SIXTH STREET, CORONA, with intent to commit theft and a

felony.”

Defendant plead guilty on February 22, 2012, to counts 1 and 3; counts 2 and

were dismissed. At the plea hearing, the trial court asked, “Is it true that on the day in

question—what was it? A store?[2] You went somewhere where you weren’t…