People v. Barnett CA3

DISCUSSION

Defendant argues the trial court erred in denying his motion to have his burglary conviction reduced to shoplifting. He posits five factors for us to consider: (1) defendant had no disqualifying prior convictions; (2) he was not found to pose an unreasonable risk to society; (3) the record of conviction establishes that his offense was a qualifying commercial burglary, committed during normal business hours; (4) nothing in the record of conviction establishes a finding or admission of losses over $950; and (5) relief was

People v. Harvey (1979) 25 Cal.3d 754 (Harvey).

3 not precluded by the existence of a knife-use enhancement. Defendant concedes the final factor is “probably the most interesting and novel issue.” Proposition 47 reduced many crimes from felonies to misdemeanors. Among other things, it added section 459.5, which defines the misdemeanor offense of shoplifting as entering an open commercial establishment during regular business hours with the intent to commit larceny, where the value of the property taken or intended to be taken does not exceed $950. (§ 459.5, subd. (a); People v. Rivera (2015) 233 Cal.App.4th 1085, 1091.) Section 459.5 further…