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PEOPLE v. GONZALES

No. S231171.

2 Cal.5th 858 (2017)

THE PEOPLE, Plaintiff and Respondent, v. GIOVANNI GONZALES, Defendant and Appellant.

Supreme Court of California.

March 23, 2017.

Attorney(s) appearing for the Case

Richard A. Levy , under appointment by the Supreme Court; and Ava R. Stralla , under appointment by the Court of Appeal, for Defendant and Appellant.

Stephen P. Lipson , Public Defender (Ventura), Michael C. McMahon , Chief Deputy Public Defender, and William M. Quest , Deputy Public Defender, for California Public Defenders Association and Public Defender of Ventura County as Amici Curiae on behalf of Defendant and Appellant.

Kamala D. Harris , Attorney General, Kathleen A. Kenealy , Acting Attorney General, Gerald A. Engler , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Steven T. Oetting , Deputy State Solicitor General, Michael Pulos , Arlene A. Sevidal , Christen E. Somerville and Alastair Agcaoili , Deputy Attorneys General, for Plaintiff and Respondent.

Bonnie M. Dumanis , District Attorney (San Diego), James E. Atkins and Brooke E. Tafreshi , Deputy District Attorneys, for San Diego County District Attorney as Amicus Curiae on behalf of Plaintiff and Respondent.

OPINION

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...

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