People v. Hallam

Opinion

LUI, J.—

In this appeal we consider whether the entry during business hours into a commercial establishment’s employee restroom to commit larceny qualifies as “shoplifting” under Penal Code 1 section 459.5 as enacted by the voters in Proposition 47. We conclude that it does.

Nicholas Hallam appeals an order denying his petition for resentencing/ application to redesignate his felony conviction for second degree burglary as misdemeanor shoplifting pursuant to Proposition 47, the Safe Neighborhoods and Schools Act (Proposition 47 or the Act). (§§ 1170.18, subds. (a)-(e), (f)-(i), 459.5.)…