People v. Huberty CA4/1

DISCUSSION

This case involves entry by Huberty and Cartwright into a Rite Aid store, during

regular business hours. During that visit, the defendants used a stolen credit card to

purchase a small amount of goods. The dispute here surrounds the term "larceny" as used

in section 459.5 and whether it should be read to include all thefts as is required by the

same language in the burglary statute (§ 459)3 as it has been interpreted in light of

section 490a. The People focus solely on the word "shoplifting" and insist,

notwithstanding the similarity of the wording of sections 459 and 459.5, we must

interpret the statute in light of dictionary meanings of the term shoplifting, out of context

from the language of the statute actually enacted. We are satisfied we must interpret the

actual language of the statute in light of the established meaning of its terms. We have

Section 459 provides: "Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the…