P. v. Bias CA4/2
The People appeal from an order granting defendant Phillip Pernell Bias’s petition under Penal Code section 1170.18, added by Proposition 47, to resentence his conviction for second degree burglary (Pen. Code, § 459) as misdemeanor shoplifting (Pen. Code,
§ 459.5). The People argued defendant’s offense did not qualify for resentencing under Proposition 47 because (1) defendant entered a bank with the intent to commit felony identity theft, not larceny, and (2) a bank is not a commercial establishment for purposes of the new crime of shoplifting.
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