People v. Colbert

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In this case concerning the line separating shoplifting from burglary after the approval of Proposition 47, the Supreme Court held that entering an interior room that is objectively identifiable as off-limits to the public with intent to steal therefrom is not shoplifting but instead remains punishable as burglary.In approving Proposition 47, voters created a new misdemeanor offense called “shoplifting,” which was defined as an act that had formerly been punishable as felony burglary. At issue in this case was whether a person who enters a store during regular business hours and proceeds to a private back office with intent to steal from that office has committed the crime of shoplifting or burglary. Defendant in this case petitioned the superior court to redesignate two of his four felony burglary convictions as shoplifting misdemeanors under Proposition 47. The trial court denied the petition, and the Court of Appeal affirmed. The Supreme Court affirmed, holding that where Defendant’s burglary convictions were based on entries into back offices that were objectively identifiable as off-limits to the public with an intent to steal therefrom, Defendant was not entitled to redesignate his burglary convictions as misdemeanors under Proposition 47. View "People v. Colbert" on Justia Law