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Legal Opinion

People v. Brown

California Court of Appeal

Decided January 27, 2017No. A147671PublishedCited by 6 opinions

1Opinion of the Court

Opinion

MARGULIES, J.

Defendant appeals an order denying her pehtion for resentencing under the Safe Neighborhoods and Schools Act (Proposition 47). (Pen. Code, 1 § 1170.18, subd. (1).) The trial court denied her petition on the ground her felony offense did not fall within Proposition 47. We conclude defendant’s second degree commercial burglary conviction (§ 459), involving entry into a store with the intent to obtain drugs by using a forged prescription does not fall within the new shoplifting misdemeanor offense (§ 459.5) in Proposition 47. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Defen…

2Cases cited6 opinions

  1. People v. RiveraCalifornia Court of Appeal · 2015
  2. People v. Sherow CA4/1California Court of Appeal · 2015
  3. People v. GarrettCalifornia Court of Appeal · 2016
  4. People v. KatzCalifornia Court of Appeal · 1962
  5. People v. WheelerCalifornia Court of Appeal · 2005

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3Cited by6 opinions

  1. People v. Roderick Wash., California Court of Appeal, 5th District2018
  2. People v. Bloomfield, California Court of Appeal, 5th District2017
  3. People v. Gollardo, California Court of Appeal, 5th District2017
  4. People v. BloomfieldCalifornia Court of Appeal · 2017
  5. People v. GollardoCalifornia Court of Appeal · 2017

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

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