People v. Abarca

Opinion

SLOUGH, J.

—The People appeal from the superior court’s order granting defendant Willie Abarca, Jr.’s, Proposition 47 resentencing petition. (Pen. Code, § 1170.18.)

Abarca pled guilty to one felony count of second degree burglary (§ 459) 1 based on his attempt to pass a forged check for $300 at a bank. After the electorate passed Proposition 47, Abarca sought to have his felony conviction redesignated as the newly created misdemeanor of shoplifting—entering an open commercial establishment with intent to commit larceny of $950 or less. (§ 459.5, subd. (a).) Abarca’s petition says “the…