People v. Garner, 2 Cal. App. 5th 768

In 2006 April Garner entered a grocery store and attempted to pay with a forged $100 traveler's check; the check was refused and she was arrested.
In 2014 Garner pleaded no contest to two felony forgery counts and one felony second-degree commercial burglary; she received probation and suspended sentence.
After Proposition 47 (effective Nov 5, 2014), Garner successfully petitioned to reduce the felony forgery counts to misdemeanors under section 1170.18.
Garner then petitioned to recall and resentence the burglary conviction, arguing it should be reduced to misdemeanor shoplifting under Penal Code section 459.5.
The trial court denied resentencing, finding Garner entered with intent to commit theft by false pretenses (not larceny), making her ineligible under section 459.5; Garner appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an entry with intent to commit theft by false pretenses falls within "intent to commit larceny" in section 459.5, making a burglary conviction reducible to misdemeanor shoplifting	Prosecutor: "Larceny" in §459.5 means traditional larceny only; theft by false pretenses is distinct, so burglary is not reducible	Garner: "Larceny" in §459.5 should be read to include all thefts (including false pretenses); her burglary is reducible	Court: "Larceny" in §459.5 includes theft by false pretenses; reversal and remand for resentencing

People v. Parson, 44 Cal.4th 332 (Supreme Court holding that intent to commit theft by false pretense can support burglary)
People v. Nguyen, 40 Cal.App.4th 28 (Court of Appeal explaining legislative history treating "larceny" as including theft by false pretenses)
People v. Rizo, 22 Cal.4th 681 (statutory construction principles applied to voter initiatives)
People v. Rivera, 233 Cal.App.4th 1085 (discussing Proposition 47 implementation and purpose)
John L. v. Superior Court, 33 Cal.4th 158 (presumption that electorate knows existing law when enacting initiatives)