Holm

Introduction

After defendant Jon F. Holm was convicted of second degree burglary, he filed a petition under Proposition 47 seeking to reduce his offense to misdemeanor shoplifting under Penal Code section 459.5. The trial court denied his petition on the ground the private country club from which he stole a flat screen television and golf balls was not a “commercial establishment” within the meaning of that section. We conclude otherwise and reverse and remand.

Background

In 2013, defendant was charged with burglary, receiving stolen property, and false impersonation. (§§ 459, 496, subd. (a), 529.) He pleaded no contest to second degree burglary, a felony, and to impersonation, a misdemeanor. He admitted taking a television, valued at $662.23, and three boxes of golf balls, valued at $50 each, from the Santa Rosa Golf and Country Club.

The following year, in November 2014, defendant filed a Proposition 47 petition for resentencing under section 1170.18. At the hearing, Don Florriani, the general manager and CEO of the country club, testified regarding the operations of the club and the items taken. The club is open to members and their guests, but not to the general…