People v. Robbins CA4/1

STATEMENT OF FACTS

Since Robbins only challenges the burglary count, we will not discuss the facts of

the other offenses.

The offense in count 19 took place on November 5, 2013. On that date, Robbins

entered a 7-Eleven store in San Diego. Once inside the store, Robbins used a stolen debit

card to buy a few cans of "Mickey's alcohol."

DISCUSSION

The foundation of appellant's argument in this case is his contention that the

enactment of Proposition 47 in November 2014, which created section 459.5,

retroactively modified the elements of second degree burglary to require proof that the

value of the items taken, or intended to be taken exceeds $950, when the entry is into a

commercial establishment, during regular business hours, with the intent to commit

larceny.

As we will discuss, the statutory definition of burglary does not include the value

of the actual or intended loss as an element, nor did it in 2013 when the current offense

was committed. Nothing in the language of Proposition 47 identifies a change in the

elements of burglary nor does Robbins offer any case law to support the proposition of

implied statutory amendment. Instead, the proposition…