*670INTRODUCTION
Brandon Lamar Martin (defendant) appeals from the denial of his petition for resentencing under Penal Code section 1170.18,
FACTUAL AND PROCEDURAL BACKGROUND
On July 10, 2009, defendant entered a Smart & Final in Clovis, California, and purchased alcohol, candy, toilet paper, and other items. Defendant paid with a check, number 2241, and provided his identification to the cashier. The cashier manually entered the check information into the register and, believing the check was valid, allowed defendant to leave with the goods he had purchased when the transaction was complete. As a result, defendant was sold $192.26 worth of goods.
Defendant later returned to the store and again bought alcohol and snack items. He again paid with a check, number 2242, and provided his identification to the cashier. Defendant's identification matched the information on the check and the clerk accepted the check believing it to be valid. As a result, defendant was sold $306.38 worth of goods.
Both checks were tied to the payroll account of a business called The Allergy Center. When the checks cashed, the bookkeeper for the company noticed both that they were out of order and that the company name was not on them. Defendant was not authorized to write checks on behalf of the company and was not known by the bookkeeper.
Defendant was convicted on six counts relating to the two forged checks; two counts of identity theft (§ 530.5, subd. (a)), two counts of second degree commercial burglary (§ 459, subd. (b)), and two counts of check forgery (§ 475, subd. (c)). In bifurcated proceedings, defendant was found to have several prior convictions and to have served several prior prison terms. Defendant received a sentence of six years in prison.
On December 15, 2014, defendant filed a petition pursuant to Proposition 47 to have his second degree commercial burglary convictions reduced to misdemeanor violations of section 459.5, and to be resentenced. His petition was later supplemented with additional briefing from counsel. On May 4, 2015, the trial court held a hearing and denied defendant's petition noting that, because defendant was likely out of prison, the petition should be treated *672as an application for modification. The trial court concluded that, because forgery was "not a theft," defendant had not entered *562the Smart & Final with the intent to commit theft and was therefore not eligible for relief under Proposition 47.
STANDARDS OF REVIEW
The record is viewed in the light most favorable to the trial court's ruling with a presumption that the order is correct. (People v. Johnson (2016)
DISCUSSION
" 'On November 4, 2014, the voters enacted Proposition 47, the Safe Neighborhoods and Schools Act....' [Citation.] 'Proposition 47 makes certain drug- and theft-related offenses misdemeanors, unless the offenses were committed by certain ineligible defendants. These offenses had previously been designated as either felonies or wobblers (crimes that can be punished as either felonies or misdemeanors).' [Citation.]" (People v. Morales (2016)
Proposition 47 also created a new resentencing provision, to wit, section 1170.18. Under that statute, "[a] person currently serving a sentence for a conviction ... of a felony or felonies who would have been guilty of a misdemeanor under the act that added this section ('this act') had this act been in effect at the time of the offense may petition for a recall of sentence ... to request resentencing in accordance with ... [s]ection 459.5...." (Id . subd. (a).) If, on the other hand, "[a] person ... [had] completed his or her sentence for a conviction, ... of a felony or felonies who would have been guilty of a misdemeanor under this act had this act been in effect at the time of the offense, may file an application ... to have the felony conviction or convictions designated as misdemeanors." (Id . subd. (f).)
Section 459.5, a statute added by Proposition 47, created a new crime of shoplifting, a misdemeanor offense that punishes certain conduct that previously would have qualified as a burglary. Now codified, section 459.5, subdivision (a) provides in relevant part: "Notwithstanding Section 459 [ (the burglary statute) ], shoplifting is defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or *673intended to be taken does not exceed nine hundred fifty dollars ($950). Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor...."
Defendant asserts he "entered Smart [&] Final with the intent to commit theft." He argues the information charged him with unlawfully entering the store " 'with the intent to commit larceny or any felony,' " and theft by larceny is what he did. The fact he obtained the merchandise by forgery does not change the analysis as "forgery was only the means utilized" to obtain the merchandise.
The People argue defendant entered the commercial establishment with the intent to commit forgery, not larceny, and intent to commit larceny is distinct from intent to commit forgery. Forgery, they argue, is " 'the act of signing the name of another with intent to defraud and without authority, or of falsely making a document, or of uttering the document with intent to defraud.' " They assert forgery does not require asportation of property, whereas larceny requires trespassory taking and the carrying away of property without the owner's consent. They argue there is no evidence the voters intended to grant Proposition 47 relief to all defendants convicted of second degree commercial burglary.
Section 459.5, subdivision (b) provides: "Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property." Thus, in the typical case, if the conduct leading to a defendant's burglary conviction would qualify as "shoplifting" under Proposition 47, he or she would have been charged with a misdemeanor had section 459.5 been in place at the time, instead of being charged with burglary. Indeed, one guilty of shoplifting could not have been charged with burglary at all.
This leads to the question before us: had section 459.5 been in effect at the time of defendant's offense, could defendant have been charged with burglary, or was his conduct, instead, an act of shoplifting within the meaning of *674section 459.5, subdivision (a)?
Larceny
a. Historical Definition.
When interpreting the meaning of laws passed by voter initiative, the court's analysis is governed by the voters' intent. (People v. Park (2013)
Historically, "[l]arceny 'is committed by every person who (1) takes possession (2) of personal property (3) owned or possessed by another, (4) by means of trespass and (5) with intent to steal the *564property, and (6) carries the property away.' [Citation.]" (People v. Vidana (2016)
Taken at face value, then, the crime of shoplifting is committed by one who: (1) enters a commercial establishment; (2) with the intent to (a) take possession; (b) of personal property; (c) owned or possessed by another; (d) by means of trespass; (e) steal the property; and (f) carry it away; (3) while *675that establishment is open during regular business hours; and (4) where the value of the property that is taken or intended to be taken does not exceed $950.
From an historical perspective, this direct application of the definition of larceny is generally consistent with how legal dictionaries define "shoplifting" and with how California courts have colloquially referenced the concept of shoplifting in various contexts.
Defendant, however, contends larceny, as used in section 459.5, includes the act of paying for goods with a forged check obtained using a stolen identity.
Larceny has historically been differentiated from the similar crime of theft by false pretenses. Indeed, this differentiation is one of the historical difficulties leading to California's current theft statute. (See Williams , supra , 57 Cal.4th at p. 785,
b. Section 490a.
The People assert defendant's argument relies on a broader definition of theft, resulting from an application of section 490a to the shoplifting statute.
*677Section 490a, enacted in 1927, provides: "Wherever any law or statute of this state refers to or mentions larceny, embezzlement, or stealing, said law or statute shall *566hereafter be read and interpreted as if the word 'theft' were substituted therefor." Defendant notes he did not affirmatively cite section 490a in his briefing, suggesting a consideration of section 490a is not necessary to resolve this dispute. Because the definition of larceny is central to this case, however, we consider the effect, if any, of section 490a on the shoplifting statute.
The statutorily defined crime of theft carries within it multiple historical crimes in addition to larceny, including embezzlement and false pretenses. (Vidana , supra , 1 Cal.5th at p. 639,
Our Supreme Court has recently examined section 490a and rejected such a literal application. (Vidana , supra , 1 Cal.5th at p. 647,
In 1927, the California Legislature amended section 484
Terms such as larceny, embezzlement, and theft by false pretenses continue to have independent meaning in the law. (Vidana , supra , 1 Cal.5th at p. 644,
Our Supreme Court recognized, "literal application of section 490a would render many statutes nonsensical." (Vidana , supra , 1 Cal.5th at p. 647,
The long-defined, but narrow, subset of the crime of theft, "larceny," was specifically included in the definition of shoplifting. To read or interpret section 459.5 as if the word "theft" were substituted for the word "larceny" would be utilizing section 490a, designed " 'simply to effect a change in nomenclature without disturbing the substance of any law' " (Vidana, supra , 1 Cal.5th at p. 647,
c. Section 459.5 and voter intent.
When interpreting a voter initiative, we may " ' " 'refer to other indicia of the voters' intent, particularly the analyses and arguments contained in the official ballot pamphlet.' " ' " (People v. Arroyo , supra , 62 Cal.4th at p. 593,
While there is little discussion of shoplifting in the analyses and arguments contained in the voter information guide, what is there supports the conclusion that obtaining merchandise by use of a forged check does not constitute larceny as that term is used in section 459.5.
The analysis by the Legislative Analyst provides a summary of the "Proposal " made by Proposition 47. (See Voter Information Guide, Gen. Elec. (Nov. 4, 2014), analysis of Prop. 47 by Legis. Analyst, pp. 35-36.) This proposal identifies several specific crimes, their existing penalties, and *568describes how Proposition 47 would change the punishment for each specific crime. As the analysis explains, "the measure reduces the penalties for the following crimes: [¶] ... [¶] ... Shoplifting. Under current law, shoplifting property worth $950 or less (a type of petty theft) is often a misdemeanor. However, such crimes can also be charged as burglary, which is a wobbler. Under this measure, shoplifting property worth $950 or less would always be a misdemeanor and could not be charged as burglary." (Voter Information Guide, Gen. Elec., supra , analysis of Prop. 47 by Legis. Analyst, p. 35.)
This explanation does several things to support the conclusion that the electorate intended not only a narrow definition of larceny in the proposed shoplifting statute, but also the use of the historical definition of larceny. First, the analysis specifically describes shoplifting as "a type of petty theft." (Voter Information Guide, Gen. Elec., supra , analysis of Prop. 47 by Legis. Analyst, p. 35.) This description not only associates shoplifting with a specific type of crime, petty theft, but further identifies shoplifting as only a subset of that crime. At a minimum, then, the voters would expect shoplifting to be narrower than petty theft if relying on this description. Second, the analysis differentiates shoplifting from burglary, explaining that shoplifting is sometimes charged as burglary, as opposed to the petty theft of which it is a subset, and explicitly preventing that future practice. (Ibid .) Thus, voters relying on these statements would expect that shoplifting would be treated differently from burglary if Proposition 47 is passed. Finally, the analysis treats shoplifting as an existing crime, listing it with other known crimes which already have statutory definitions such as grand theft, receiving stolen property, writing bad checks, forgery, and drug possession, while consistently *680using language suggesting individuals are regularly incarcerated for committing such crimes. (Voter Information Guide, Gen. Elec., supra , analysis of Prop. 47 by Legis. Analyst, pp. 35-36 ["the measure reduces the penalties for the following crimes"; "about 40,000 offenders annually are convicted of the above crimes"; "the above crimes are nonserious and nonviolent, most offenders are currently being handled at the county level"].) As such, one reading the analysis would conclude that the crime of shoplifting already exists and, knowledgeable about the general description of the crime in California case law to that point (People v. Superior Court (Cervantes ), supra , 225 Cal.App.4th at p. 1015,
The text of Proposition 47 also slightly supports this conclusion. While the summary statements ahead of Proposition 47's text only vaguely define the specific scope of the proposition with respect to modifications to the criminal law, it does include some limiting language. The "Findings and Declarations" provides that the law will be enacted "to maximize alternatives for nonserious, nonviolent crime" and the "Purpose and Intent" of the law is to "[r]equire misdemeanors instead of felonies for nonserious, nonviolent crimes like petty theft and drug possession." (Voter Information Guide, Gen. Elec., supra , text of Prop. 47, §§ 2, 3, subd. (3), p. 70.) By identifying as nonserious crimes only petty theft and drug possession, the same type of crimes actually modified by the amendments to the Penal and Health and Safety Codes in the proposed text of Proposition 47, the voter information guide demonstrates an intent by the electorate to limit the effects of the law to changing just those types of crimes. As a result, the available evidence does show an intent by voters to limit the *569scope of shoplifting to larceny, which is a subset of petty theft.
It is true the definition of shoplifting under Proposition 47 invokes the structure and phrasing of California's burglary statute. (See §§ 459, 459.5.) We do not conclude from this, however, that the term larceny in section 459.5 should be understood more broadly than its historical definition. While the language and placement of the new shoplifting offense is facially subject to such an interpretation, adopting such an interpretation runs contrary not only to the language choices within the statutory scheme of Proposition 47, but also to the expressed intent of the voters to differentiate shoplifting from burglary.
Starting first with the statutory scheme of Proposition 47, a rote application of the broader term of theft to the text of the shoplifting statute assumes that the electorate was either unable to or did not desire to *681distinguish between larceny and other forms of theft when enacting the new and amended laws. But this notion is undermined by the language choices made within Proposition 47. In the shoplifting statute, "larceny" is differentiated from "theft." The statute uses larceny in the definition of shoplifting, but protects shoplifters from discretionary charging choices by adding that no person "charged with shoplifting may also be charged with burglary or theft of the same property." (§ 459.5, subd. (b).) This choice of wording within the statute at issue confirms the electorate thought larceny was something different than other forms of theft. There would be no rational purpose for choosing different words to convey the same meaning if larceny and other forms of theft were intended to be wholly overlapping terms. (See Kleffman v. Vonage Holdings Corp. (2010)
Section 459.5's placement following the offense of burglary in the broader Penal Code does not meaningfully rebut this conclusion. As discussed ante , the intent of the electorate to differentiate shoplifting from burglary is demonstrated both through the express association of shoplifting with a subset of the crime of petty theft and through the explicit goal of preventing conduct which could be charged as shoplifting from continuing to be charged as burglary. The decision to frame the crime of shoplifting in the general form of the burglary statute is consistent with the stated intent to differentiate the offense in such a way that a burglary charge could no longer be utilized for low value larcenies, while ensuring only that a specific subset of crimes would be eliminated from the burglary statute. This goal is supported not only by the language previously discussed, but also by the express authority to continue charging burglary with respect to high value larcenies, which fall outside the definition of shoplifting. (See § 459.5, subd. (a) ["Any other entry into a commercial establishment with intent to commit larceny is burglary."].)
Even if there was some greater reason to associate the crime of shoplifting with *570the crime of burglary, as opposed to petty theft, there would be scant authority to expand the meaning of larceny. *682The burglary statute has used the term larceny since at least 1892. (See People v. Barry (1892)
However, no historical similarities can be found here, where the electorate chose to enact a statute utilizing the term "larceny," despite later referring to related conduct as "theft," knowing both that the word larceny retained its historical elements and that the definition of theft and the application of section 490a effected a simple change in nomenclature which did not " 'wipe out the common-law definition of larceny, nor ... destroy the universal meaning of the word wherever English is spoken' " (People v. Myers , supra , 206 Cal. at p. 485,
For his part, defendant argues the overall statutory scheme of Proposition 47 shows the electorate did not intend to limit the underlying crimes for which resentencing on a second degree commercial burglary conviction would be appropriate. Pointing to the fact that Proposition 47 bars one who has been convicted of both forgery and identity theft from having their forgery conviction considered a misdemeanor even where the value of the forgery was below $950, defendant contends that the lack of a similar limitation on charges related to shoplifting offenses demonstrates a clear intent not to limit which offenses are eligible to qualify as a shoplifting offense. We disagree. The limitations added to the forgery statute serve to differentiate minor offenses of forgery, where a misdemeanor conviction has been deemed appropriate, from crimes such as identity theft, where the electorate has chosen to ensure that greater punishments remain available. That such a provision was added does not detract from the ability of the electorate to similarly limit the scope of relief available by utilizing specific words in a *683statute rather than unique clauses. Here, the evidence is persuasive that the electorate's choice of the word "larceny" was an inherently limiting phrase to the meaning of the crime. Once utilized, there was no reason to additionally limit the scope of the offense. In contrast, no similarly limiting word could be used to differentiate forgery without the use of identity theft, from forgery involving the use of identity theft. As such, it was reasonable for the electorate to approve of additional limiting language and the decision to do so bears no relationship to the definition of larceny in the shoplifting statute. *571Given the broader support for the conclusion that larceny, as used in the shoplifting statute, should be understood to encompass its historical definition, neither inclusion of the shoplifting statute in the burglary section of the Penal Code, nor the general similarities between the language used to define the crime and the offense of burglary, nor the existence of limiting factors with respect to the crime of forgery are compelling evidence that the word larceny should be understood to mean theft generally. As such, the proper interpretation of larceny as used in the shoplifting statute is the historical definition of the crime.
Defendant Did Not Commit the Crime of Shoplifting
In this case, defendant's use of a forged check caused Smart & Final to willingly transfer title to certain goods to defendant. Because Smart & Final intended to pass title to the goods through the sale, defendant's crime satisfies the elements of theft by false pretenses, not larceny or larceny by trick. (See Williams , supra , 57 Cal.4th at p. 788,
*684Defendant argues in reply that consent obtained by fraud is ineffective and thus his taking should be considered trespassory. Defendant's argument misses the common law distinction between theft by false pretenses and larceny by trick. It is not the fraudulent consent that matters in this analysis, but what conduct was fraudulently induced. Where only a transfer of possession is fraudulently induced, the fraud does, indeed, invalidate the voluntary transfer of possession and one remains guilty of larceny (albeit by trick or device) if one obtains the property with the intent to convert it to their own purposes. (See People v. Edwards , supra , 72 Cal.App. at p. 113,
Nor, contrary to defendant's argument, is the ultimate desire to obtain and leave with goods a defining fact in the analysis.
*572Rather, as implied above, the question that must be answered is how the victim, Smart & Final, viewed the transaction. With no advance knowledge of defendant's plans shown in the record, the facts support only one conclusion: Smart & Final intended to pass title to defendant when he appeared to pay for the goods he desired. That this intent was fraudulently induced means defendant intended to commit the historical common law crime of theft by false pretenses and not a form of larceny.
Since no facts show defendant intended to commit a larceny upon entering the store,
*685DISPOSITION
The judgment is affirmed.
WE CONCUR:
HILL, P.J.
PEÑA, J.
All further references are to the Penal Code unless otherwise noted.
A conviction for burglary may also be affected if the crime was committed with the intent to commit a felony other than larceny and that felony has been retroactively reclassified as a misdemeanor. Defendant concedes that issue is not before us. He was convicted of forgery, but he was also convicted of identity theft. His forgery convictions are, therefore, ineligible for reduction to misdemeanors under Proposition 47. (§ 473, subd. (b).)
There is no dispute in this case regarding the value of the property sold to defendant. Each sale did not exceed nine hundred fifty dollars ($950).
We consider the definition within the context of Proposition 47 in our discussion of voter intent, post .
Theft, on the other hand, is a broader term. It covers different types of taking including larceny, embezzlement, and theft by false pretenses. (Vidana , supra , 1 Cal.5th at p. 639,
As will be discussed post , it is important to note that there is one substantial difference. Historical references treat the crime of shoplifting as a theft offense, which is consistent with other state's statutory definitions and schemes. (See e.g.,
In their briefing, the parties do not identify any California cases utilizing a broader understanding of shoplifting pre-2014 nor any implying defendant's conduct satisfies the colloquial notion of shoplifting. In our independent research, we have found none.
"In 1927, the section was amended to provide as relevant here: 'Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor, or real or personal property, ... is guilty of theft.' (Stats. 1927, ch. 619, § 1, p. 1046). This portion of section 484 has remained substantively unchanged." (Vidana , supra , 1 Cal.5th at p. 640,
There appear to be no facts in the record which would suggest defendant's commission of identity theft through the same transactions evidences an intent to commit larceny as opposed to theft by false pretenses. Defendant has not argued a separate intent arose from this act.
Because the record supports the conclusion that defendant intended to commit theft by false pretenses and not larceny, we need not reach defendant's argument that the People bear the burden of proof on eligibility issues. (But see People v. Sherow (2015)