People v. Le CA2/7
B264196
| Cal. Ct. App. | Oct 3, 2016Background
- Defendant Hoa Duc Le was convicted by jury of second degree burglary of a vehicle (Pen. Code § 459) and misdemeanor possession of burglary tools (§ 466) after breaking into a locked car; no property was recovered.
- Le was sentenced to three years in county jail for the vehicle burglary (plus two one-year § 667.5(b) enhancements) and a concurrent six-month term for possession of burglary tools.
- Le appealed, arguing Proposition 47 (the Safe Neighborhoods and Schools Act, § 1170.18) reduced his vehicle burglary conviction to a misdemeanor when the value of property taken or attempted to be taken is under $950.
- The court reviewed statutory interpretation de novo and considered whether Proposition 47’s amendments or additions encompass burglary of a vehicle.
- The court concluded Proposition 47 did not amend § 459 to reduce vehicle burglary to a misdemeanor; Proposition 47 specifically redesignated certain theft- and drug-related offenses but did not include general burglary § 459 except for creating shoplifting (§ 459.5) for retail theft.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Proposition 47 reduced felony burglary under § 459 (including vehicle burglary) to a misdemeanor when property value ≤ $950 | Proposition 47’s text and purpose limit reduced penalties to specified theft- and drug-related statutes; burglary remains felony | Le: Voter intent to reduce petty theft offenses (≤ $950) implies vehicle burglary should be a misdemeanor | Held: § 459 burglary remains a felony; Proposition 47 did not repeal or reduce § 459 except by creating § 459.5 (shoplifting) for retail theft |
Key Cases Cited
- People v. Chen, 245 Cal.App.4th 322 (explaining Proposition 47’s enumerated statutory changes and creation of § 459.5 shoplifting)
- People v. Acosta, 242 Cal.App.4th 521 (rejecting attempt to apply Proposition 47 to car burglary and distinguishing burglary from theft)
- People v. Rizo, 22 Cal.4th 681 (standards for construing voter-enacted criminal provisions and rule of lenity)
- People v. Morales, 63 Cal.4th 399 (summary of Proposition 47’s scope as to theft- and drug-related offenses)