*1419INTRODUCTION
"On November 4, 2014, voters enacted Proposition 47, 'The Safe Neighborhoods and Schools Act.' It was intended to 'ensure that prison spending is focused on violent and serious offenses, to maximize alternatives for nonserious, nonviolent crime, and to invest the savings generated from this act into prevention and support programs in K-12 schools, victim services, and mental health and drug treatment.' (Ballot Pamp., Gen. Elec. (Nov. 4, 2014) text of Prop. 47, § 2, p. 70.) To that end, Proposition 47 reduced most possessory drug offenses and thefts of property valued at less than $950 to straight misdemeanors and created a process for persons currently serving felony sentences for those offenses to petition for resentencing for misdemeanors. (See Couzens & Bigelow, Proposition 47 'The Safe Neighborhoods and Schools Act' (Aug. 2015) p. 6....)" (People v. Buycks (2015)
Penal Code section 459.5
Appellant argues this interpretation is too narrow, and her entry into the check cashing establishment with the intent to commit theft by false pretenses satisfies the "intent to commit larceny" element of section 459.5 and qualifies her for resentencing.
*640Respondent disagrees, and urges us to limit section 459.5 to the "common" understanding of shoplifting, which in respondent's view is the "unauthorized entry into a retail establishment, while the establishment is open during regular business hours, with the intent to steal openly-displayed merchandise valuing not more than $950." Alternatively, respondent urges us to follow People v. Gonzales (2015)
As we will explain, both respondent and, in our opinion, Gonzales interpret section 459.5 too narrowly. Certainly, the lay person might understand "shoplifting" to mean entering a retail store during regular business hours with the intent to steal displayed merchandise, as respondent urges. But that is not how the voters defined "shoplifting" in section 459.5 ; instead, they defined it as entering a commercial establishment during business hours with the "intent to commit larceny." Accepting respondent's narrow interpretation would require us to rewrite the statute, which we cannot do. Similarly, we disagree with Gonzales that the phrase "intent to commit larceny" excludes the intent to commit theft by false pretenses. Larceny is statutorily equated with "theft" (§ 490a), and "theft" is defined to include theft by false pretenses, that is, "knowingly and designedly, by any false or fraudulent representation or pretense, defraud[ing] any other person of money, labor or real or personal property." (§ 484, subd. (a).) In holding otherwise, Gonzales relied on People v. Williams (2013)
*1421BACKGROUND
According to a police report of the incident, on February 23, 2013, appellant entered a Money Mart Check Cashing business in Bakersfield and attempted to cash a forged personal check in the amount of $148. An employee contacted the owner of the check, who had reported his checkbook stolen. Appellant was arrested and searched, yielding a methamphetamine pipe in her purse.
Appellant was charged in Kern County with felony second degree burglary (§ 460, subd. (b)), felony forgery of the $148 check (§ 470, subd. (d)), and misdemeanor possession of drug paraphernalia (Health & Saf. Code, former § 11364.1), as well as on-bail enhancements for the felony charges (Pen. Code, § 12022.1 ). Pursuant to a plea agreement, appellant pled guilty to the second degree burglary charge, and the other charges and enhancements were dismissed. She was sentenced to 16 months in custody plus 20 months of mandatory supervision.
Appellant's probation case was transferred to Los Angeles County. Thereafter, *641she violated probation, and, as part of those proceedings, she petitioned for resentencing pursuant section 1170.18, a provision added by Proposition 47, contending her second degree burglary conviction fell within the newly enacted section 459.5. The People responded that the check cashing business appellant entered was not a "commercial establishment" under section 459.5, and entry with the intent to commit forgery did not constitute shoplifting as it was now defined. The trial court agreed with the latter argument, reasoning that "shoplifting to me means what we all think shoplifting means, going into Target with the intent to commit a theft. [¶] I don't think it means ... going into a check cashing establishment with the intent to commit forgery." The court believed there was "an extra element in forgery above and beyond the larceny and a theft," namely that, "if you're entering an establishment with the intent to commit a fraud in addition to the larceny, which is gaining property by the trick and by the writing, I don't think because of those extra elements, you're entitled to relief...." The court denied the petition, revoked and reinstated probation, and sentenced appellant to 120 days in county jail. Appellant timely appealed.
DISCUSSION
Appellant sought resentencing pursuant to section 1170.18, added by Proposition 47. "Under section 1170.18, a person 'currently serving' a felony sentence for an offense that is now a misdemeanor under Proposition 47, may petition for a recall of that sentence and request resentencing in accordance with the statutes that were added or amended by Proposition 47. (§ 1170.18, *1422subd. (a).) A person who satisfies the criteria in section 1170.18 shall have his or her sentence recalled and be 'resentenced to a misdemeanor ... unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety.' (§ 1170.18, subd. (b).) Subdivision (c) of section 1170.18 defines the term 'unreasonable risk of danger to public safety,' and subdivision (b) of the statute lists factors the court must consider in determining 'whether a new sentence would result in an unreasonable risk of danger to public safety.' (§ 1170.18, subds. (b), (c).)" (People v. Rivera (2015)
As enacted by Proposition 47, section 459.5 redefines certain second degree burglaries as "shoplifting" if the value of the property involved is less than $950: "(a) Notwithstanding Section 459 [ (the general 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 intended 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, except that a person with one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290 may be punished pursuant to subdivision (h) of Section 1170.[¶] (b) 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." As the Legislative Analyst for Proposition 47 explained, "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 *642measure, shoplifting property worth $950 or less would always be a misdemeanor and could not be charged as burglary." (Ballot Pamp., Gen. Elec. (Nov. 4, 2014) analysis of Prop. 47 by Legislative Analyst, p. 35.)
The issue here is the proper interpretation of section 459.5, and we apply the familiar principles of both statutory and initiative interpretation, which are identical. (Rivera, supra,
Respondent argues the term "shoplifting" was not previously defined in the Penal Code, and it was commonly understood to "encompass the theft of openly displayed merchandise from retail establishments." (See, e.g., People v. Gonzales (1965)
Respondent advances two other arguments in support of this proposed definition of "shoplifting," neither of which is persuasive. First, respondent contends the voters' use of the undefined term "property" in section 459.5 must be contrasted with section 490.2, subdivision (a), also added by Proposition 47, which made certain theft offenses into petty theft when "the value of the money, labor, real or *643personal property taken" does not exceed $950. (Italics added.) In respondent's view, the difference between the two statutes means voters must have intended section 459.5 to cover theft of only personal property (i.e., merchandise), and not cash, intangible property, or real property, as in section 490.2. (See In re Ethan C. (2012)
Second, respondent contends the voters' use of the term "commercial establishment" in section 459.5 suggests a more narrow scope than traditional burglary in section 459, which includes many different types of structures, including "any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel," etc. As a general matter, we agree. But again, nothing suggests the voters intended the term "commercial establishment" to mean "retail establishment." And again, if they did, they would have used those words.
Respondent further contends, even if we disagree with this narrow interpretation of "shoplifting," we may still affirm denial of appellant's petition by following Gonzales, which held the intent to commit theft by false pretenses did not constitute an "intent to commit larceny" as required by section 459.5. In that case, the petitioner had entered a bank and cashed two forged checks. He pled guilty to second degree burglary and later petitioned to reduce that offense to a misdemeanor pursuant to Proposition 47, arguing his offense fell within the definition of "shoplifting" in section 459.5. (Gonzales, supra,
*1425[The *644bank] consented to transferring title and possession of $250 to Gonzales. Gonzales used false representations that he was cashing valid checks made out to him to obtain the money from [the bank.] Relying on those representations, which the bank must have believed to be true, it consented to giving Gonzales the money. Larceny requires a taking without consent (Williams, supra,
In Williams, the defendant used re-encoded payment cards to buy gift cards at a department store. After the defendant completed the transaction, he was confronted by security. He began to walk away and ignored security's requests to stop, and then he shoved one of the guards. He was convicted of several offenses, including robbery and theft. (Williams, supra,
Finally, the court rejected Justice Baxter's reliance on section 490a in his dissenting opinion, which provides: "Wherever any law or statute of this state refers to or mentions larceny, embezzlement, or stealing, said law or statute shall hereafter be read and interpreted as if the word 'theft' were substituted therefor." According to the majority, Justice Baxter's reasoning was as follows: "Section 490a says any law or statute that refers to or mentions larceny or stealing must be construed as meaning 'theft'; although the robbery statute (§ 211) does not expressly mention larceny or stealing, it refers to them indirectly through the words 'felonious taking,' which should be interpreted under section 490a as meaning 'theft,' a crime that includes *1426theft by false pretenses. Therefore, the dissent concludes, the 'felonious taking' element in the robbery statute encompasses defendant's conduct in this case." (Williams, supra,
Unlike Williams, this case involves section 459.5, which has its roots in burglary, not robbery, and Williams did not analyze the relationship between theft by false pretenses and burglary. (See People v. Knoller (2007)
*1427Although the majority in Williams rejected Justice Baxter's similar reasoning in the context of robbery,
*646Thus, because voters adopted the phrase "intent to commit larceny" in section 459.5, which mirrors the intent element in the general burglary statute (§ 459), and that phrase includes theft by false pretenses, we believe the voters intended section 459.5 to include theft by false pretenses.
Our conclusion is consistent with the voters' general intent behind Proposition 47. As noted, the initiative was designed to "ensure that prison spending is focused on violent and serious offenses, to maximize alternatives for nonserious, nonviolent crime, and to invest the savings generated from this act into prevention and support programs in K-12 schools, victim services, and mental health and drug treatment." (Ballot Pamp., Gen. Elec. (Nov. 4, 2014) text of Prop. 47, § 2, p. 70.) To achieve that end, the measure "[r]equire[s] misdemeanors instead of felonies for nonserious, nonviolent crimes like petty theft and drug possession...." (Ballot Pamp., Gen. Elec. (Nov. 4, 2014) text of Prop. 47, § 3, p. 70.) Appellant's second degree burglary conviction based on using a forged check to obtain $148 is unquestionably a nonviolent offense, so reducing it to a misdemeanor certainly serves the purposes behind Proposition 47. We are confident the voters would agree, given Proposition 47 also reduced the offense of forgery involving less than $950 from a wobbler to a straight misdemeanor. (§ 473, subd. (b).)
Respondent contends our interpretation of section 459.5"is so expansive as to largely defeat the purpose of burglary laws, an absurd result the voters clearly did not intend." Respondent then provides some examples: What about a person who enters a restaurant and sneaks into the manager's office to steal $900 from the safe? What about a person who enters the 24-hour supermarket and breaks into the locked pharmacy to steal drugs? What about a person who enters the locker room of a private club and steals personal *1428items from the lockers? In respondent's view, these acts would give rise to misdemeanor liability only, even though they involve potentially dangerous unauthorized entries not present in traditional shoplifting. Of course, none of these cases is before us. We also doubt these acts would fall within our reading of section 459.5. For instance, private areas of commercial establishments may not qualify as an "establishment ... open during regular business hours" as required by section 459.5. (Cf. People v. Mackabee (1989)
DISPOSITION
The judgment is reversed. There is no dispute appellant's second degree burglary involved less than $950, so she would be entitled to resentencing unless the trial court determines in its discretion that resentencing appellant would "pose an unreasonable risk of danger to public safety." (§ 1170.18, *1429subd. (b); see People v. Contreras (2015)
WE CONCUR:
BIGELOW, P.J.
RUBIN, J.
Notes
All undesignated statutory citations are to the Penal Code unless otherwise noted.
Respondent has not renewed the argument made to the trial court that the check cashing establishment here does not fit the definition of "commercial establishment" in section 459.5, so we leave the precise contours of that term for another day.
Justice Chin analogized to Nguyen in his dissent in Williams. (Williams, supra,
The court in Williams also recognized burglary could be based on theft by false pretenses in a footnote responding to Justice Baxter's concern that a defendant could no longer be convicted felony-murder robbery in light of the majority's opinion: "[I]f a defendant enters a store with the intent to commit theft by false pretenses (as defendant did here), and if that defendant, while fleeing, kills a store employee, that defendant can be convicted of felony-murder burglary. " (Williams, supra,
At oral argument, respondent suggested our interpretation would prevent defendants from being charged with any felony if the misdemeanor theft by false pretenses involves violence. Respondent's contention is erroneous because a defendant who enters a commercial establishment intending to commit misdemeanor theft by false pretenses and uses violence when leaving could still be charged with two crimes-a misdemeanor theft by false pretenses and either misdemeanor or felony assault, depending on the facts (i.e., using a deadly weapon or inflicting great bodily injury).