Is a defendant eligible for reduction of his felony burglary conviction to a misdemeanor shoplifting conviction?

California, United States of America


The following excerpt is from People v. Rood, E065873 (Cal. App. 2017):

The People contend defendant is not eligible for reduction of his felony burglary convictions to misdemeanor shoplifting because he committed the offenses (counts 1 and 3) by entering commercial establishments with intent to commit identity theft ( 530.5), which remains a felony under Proposition 47. The People rely on People v. Barba (2012) 211 Cal.App.4th 214, which held that attempting to cash a check containing personal identifying information of another person constitutes identity theft. (Id. at pp. 229-230.) The People further assert that it is irrelevant that defendant was not charged with theft, because the identity theft offense was the predicate offense for defendant's burglary convictions. The predicate offenses need not be charged separately or proven. Only proof of the intent to commit the predicate offense is required. (People v. Brownlee (1977) 74 Cal.App.3d 921, 930 [burglary complete upon entry with intent to commit felony].)

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