People v. E.P. (In re E.P.)

*795 The juvenile court found minor E.P. committed second degree burglary ( Pen. Code, §§ 459, 460, subd. (b) [count 1]; all statutory references are to the Penal Code unless noted), possession of graffiti tools (§ 594.2, subd. (a) [count 2] ), receiving stolen property (§ 496, subd. (a) [counts 4-6] ), and illegal possession of an alcoholic beverage ( Bus. & Prof. Code, § 25662, subd. (a) [count 7] ). We initially concluded that the evidence was insufficient to show that E.P. committed burglary when he stole items from locker rooms in a public ice hockey facility because the prosecution failed to prove that E.P. did not commit the new crime of shoplifting, as defined in Proposition 47. Because E.P. was not charged with shoplifting, we also concluded there was no bar to charging him with receiving stolen property (counts 4-6).

After issuing our opinion, the California Supreme Court in People v. Colbert (2019) 6 Cal.5th 596 , 242 Cal.Rptr.3d 665 , 433 P.3d 536 ( Colbert ), held that "entering an interior room that is objectively identifiable as off-limits to the public with intent to steal therefrom is not shoplifting, but instead remains punishable as burglary." ( Id. at p. 598,…