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Legal Opinion

People v. Bunyard

California Court of Appeal

Decided March 22, 2017No. F071846PublishedCited by 11 opinions

1Opinion of the Court

Opinion

DETJEN, J.

—Randy Paul Bunyard (defendant) appeals from an order denying his request/petition to have his felony conviction for second degree burglary (Pen. Code, 1 § 459) redesignated as misdemeanor shoplifting (§459.5) and for resentencing thereon (§ 1170.18, subds. (a)-(e)). The trial court found an attempt to break into a coin-operated soap dispenser in a commercial laundromat did not comport with the commonsense meaning of “shoplifting”; hence, defendant’s conviction did not qualify for resentencing.

We hold defendant is eligible for resentencing under section 1170.18, subdivision…

2Cases cited23 opinions

  1. People Ex Rel. Lockyer v. Shamrock Foods Co.California Supreme Court · 2000
  2. People v. RiveraCalifornia Court of Appeal · 2015
  3. Robert L. v. Superior CourtCalifornia Supreme Court · 2003
  4. People v. WeidertCalifornia Supreme Court · 1985
  5. People v. ParkCalifornia Supreme Court · 2013

18 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. People v. Kaufman, California Court of Appeal, 5th District2017
  2. People v. E.P. (In re E.P.), California Court of Appeal, 5th District2019
  3. In re E.P.California Court of Appeal · 2018
  4. In re E.P.California Court of Appeal · 2019
  5. In re E.P.California Court of Appeal · 2019

6 more not listed; retrieve them via the Exa API.

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