People v. Gonzales

*862 In 2014, Proposition 47 created the new crime of "shoplifting," defined as entering an open commercial establishment during regular business hours with the intent to commit "larceny" of property worth $950 or less. (Pen. Code, § 459.5, subd. (a).) This provision is related to the general burglary statute, which also applies to an entry with intent to commit "larceny" or any felony. (Pen. Code, § 459.) In 1927, the theft statutes were consolidated. (Pen. Code, §§ 484, 490a ; see Stats. 1927, ch. 619, §§ 1, 7, pp. 1046-1047.) Subsequent cases held the burglary statute included an entry with…