Franske

*956 Defendant Michelle Dianne Franske and the People both appeal from a resentencing proceeding pursuant to Proposition 47, which created a new resentencing provision, Penal Code 1 section 1170.18, under which "[a] person currently serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under the act that added this section ('this act') had this act *957 been in effect at the time of the offense may petition for a recall of sentence" and request resentencing.

Here, the court granted defendant's request under Proposition 47 to reduce her November 2010 conviction for felony second degree commercial burglary to misdemeanor shoplifting and reduced her punishment for that offense only. In doing so, the court rejected the People's argument that defendant's conduct actually did not constitute shoplifting and also rejected defendant's additional request to strike the associated on-bail enhancement. Defendant and the People appeal from these rulings.

We originally concluded the trial court got it right on both rulings and affirmed. Thereafter, our Supreme Court granted defendant's petition for review and…