P. v. Boyd CA4/2
Defendant and respondent Steven Edward Boyd pled guilty to one felony count of second degree commercial burglary for entering a bank and cashing a stolen check. (Pen. Code , § 459.) He subsequently filed a petition to redesignate his felony conviction as a misdemeanor under Proposition 47 (§ 1170.18), which the trial court granted.
The People appeal the order granting the petition and contend that: (1) defendant failed to meet his burden to prove eligibility for resentencing; (2) he did not enter a commercial establishment within the meaning of section 459.5; and (3) he entered a bank with the intent to commit identity theft and/or conspiracy. We affirm.
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