Huerta

The People appeal from the trial court’s order granting defendant Julia Rosa Huerta’s petition to redesignate a prior felony conviction as a misdemeanor under The Safe Neighborhoods and Schools Act (Proposition 47). (Pen. Code, § 1170.18.)

Huerta pled guilty to one felony count of second degree commercial burglary (Pen. Code, § 459) based on her theft of eight bottles of perfume worth $463 from a Sears department store. Huerta sought to have her conviction redesignated as the newly created misdemeanor of shoplifting— entering an open commercial establishment with intent to commit larceny of $950 or less. (§ 459.5, subd. (a).) Huerta’s petition says “the value of the . . . property does not exceed $950.00.” At a hearing, the People did not contest the value of the stolen property, but contended Huerta’s burglary offense does not qualify as shoplifting because she entered the store with another person with whom she shared the intent to commit conspiracy. The trial court concluded Huerta had the intent to commit larceny and the loss did not exceed $950, and redesignated her conviction as misdemeanor shoplifting.

The People appeal, contending the trial court erred by (i)…