P. v. Garrett CA4/2
Defendant and respondent, Ramon Jermaine Garrett, pled guilty to felony second degree burglary (count 1; Pen. Code, § 459) and admitted a prior strike conviction (§§ 667, subds. (c), (e)(1), 1170.12, subd. (c)(1)). On January 7, 2015, defendant filed a petition for resentencing pursuant to section 1170.18, which the court granted. The People appealed, and on February 26, 2016 we issued an opinion in which we reversed the trial court’s order.
On July 1, 2016, the court below held an additional hearing on defendant’s petition after issuance of the remittitur. The court granted the petition again. On appeal, the People contend defendant entered a bank with the intent to commit felony identity theft, which does not qualify as shoplifting under section 495.5. The People further argue that the bank in which defendant was convicted of unlawfully entering does not qualify as a commercial establishment under section 495.5. We affirm.
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