Abarca

—The People appeal from the superior court’s order granting defendant Willie Abarca, Jr.’s, Proposition 47 resentencing petition. (Pen. Code, § 1170.18.)

Abarca pled guilty to one felony count of second degree burglary (§ 459) based on his attempt to pass a forged check for $300 at a bank. After the electorate passed Proposition 47, Abarca sought to have his felony conviction redesignated as the newly created misdemeanor of shoplifting—entering an open commercial establishment with intent to commit larceny of $950 or less. (§ 459.5, subd. (a).) Abarca’s petition says “the value of the check . . . does not exceed $950.00.” The People responded by contending Abarca’s offense does not constitute shoplifting because banks are not commercial establishments. The superior court concluded banks are commercial establishments, granted Abarca’s petition, and resentenced him.

The People advance three grounds for reversing the superior court order granting the petition. First, the People contend the superior court erred in reaching the merits because Abarca did not carry his initial burden by attaching evidence to his petition. Second, the People contend the superior court erred in…