People v. Gonzales
194 Cal. Rptr. 3d 856
Cal. Ct. App.2015Background
- In Dec. 2013, Gonzales cashed two $125 bank checks at Bank of America that had his grandmother's signature; she denied signing and had not authorized him.
- Gonzales was charged with second degree commercial burglary (Pen. Code § 459) and forgery; he pleaded guilty to burglary, forgery was dismissed, and he received probation and 50 days jail (credit for time served).
- After Proposition 47 (Nov. 2014) took effect, Gonzales petitioned under Penal Code § 1170.18 to recall his sentence and reduce his felony to a misdemeanor.
- Gonzales argued his conduct qualified as "shoplifting" under newly added § 459.5 (misdemeanor when property ≤ $950) because he entered a commercial establishment during business hours with intent to commit larceny.
- The trial court denied the petition, finding the taking was consensual (no larceny) and § 1170.18 did not authorize resentencing of convictions under § 459.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gonzales's conduct qualifies as shoplifting under § 459.5 | People: § 459.5 requires intent to commit larceny; if elements met, defendant eligible | Gonzales: Entering the bank with intent to steal ≤ $950 meets § 459.5's definition of shoplifting | No — taking was consensual (obtained money by false representation), so no larcenous, trespassory taking; not § 459.5 shoplifting |
| Whether § 1170.18 permits resentencing of § 459 burglary convictions | People: § 1170.18 lists eligible statutes and excludes § 459; legislative intent to limit resentencing to listed offenses | Gonzales: § 1170.18 should be construed broadly to permit resentencing when underlying conduct involves property ≤ $950 | No — ejusdem generis/expression unius; § 459 is not listed in § 1170.18, so not eligible for resentencing |
Key Cases Cited
- People v. Williams, 57 Cal.4th 776 (clarifies that larceny requires a trespassory, nonconsensual taking)
- People v. Gomez, 43 Cal.4th 249 (defines larceny elements: caption and asportation; intent to steal required)
- People v. Rivera, 233 Cal.App.4th 1085 (discusses Proposition 47 reclassification and § 1170.18 resentencing procedure)
- People v. Love, 132 Cal.App.4th 276 (statutory construction is a question of law reviewed independently)