Stylz

INTRODUCTION

Appellant Adam Stylz was charged with burglary for forcibly entering a storage unit with intent to commit larceny. He pled no contest to second degree commercial burglary, and was sentenced to three years formal probation. On March 4, 2015, appellant filed a petition for resentencing pursuant to Penal Code section 1170.18, subdivisions (a) and (l). In his petition, appellant argued his felony burglary conviction was reducible to misdemeanor “shoplifting” under section 459.5. Section 459.5 defines “shoplifting” as “entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950).” The trial court denied the petition, after determining that appellant’s crime was not shoplifting. Based on guidance from the California Supreme Court’s recent decision in People v. Garcia (2016) 62 Cal.4th 1116 [ 199 Cal.Rptr.3d 164 , 365 P.3d 928 ] (Garcia), we conclude that appellant was convicted of second degree burglary of a specific storage unit, not burglary of a commercial establishment open…