People v. Holm

Opinion

BANKE, J.—

Introduction

After defendant Jon F. Holm was convicted of second degree burglary, he filed a petition under Proposition 47 1 seeking to reduce his offense to misdemeanor shoplifting under Penal Code section 459.5. 2 The trial court denied his petition on the ground the private country club from which he stole a flat screen television and golf balls was not a “commercial establishment” within the meaning of that section. We conclude otherwise and reverse and remand.

Background

In 2013, defendant was charged with burglary, receiving stolen property, and false impersonation. 3 (§§…