People v. Weaver CA4/2

INTRODUCTION

The People appeal an order granting defendant Ronald Weaver’s application for 1 reduction of his felony commercial burglary conviction to misdemeanor shoplifting under

Proposition 47, the Safe Neighborhoods and Schools Act. (Pen. Code, §§ 1170.18, 459,

459.5.)1 The People request this court to reverse the order on the ground defendant’s

burglary conviction is ineligible for reduction because there is evidence defendant

intended to commit a conspiracy when he committed the burglary. We disagree and

affirm the judgment.

II

FACTUAL AND PROCEDURAL BACKGROUND

In 2000, the People charged defendant by felony information with commercial

burglary (count 1; § 459) and petty theft with a prior (count 2; § 666). The People

additionally alleged defendant had three prison priors (§ 667.5, subd. (b)). Count 1 of the

information states that on January 18, 2000, defendant willfully and unlawfully entered a

Home Depot store with intent to commit theft and a felony. Count 2 alleges that in a

separate but related offense also committed on January 18, 2000, defendant willfully and

unlawfully stole personal property from Home Depot.

On March 1, 2000, pursuant to an oral…