California Supreme Court

The People, Plaintiff and Respondent v. Mark Anthony Colbert, Defendant and Appellant.

January 24, 2019242 Cal. Rptr. 3d 665

Summary

The court held that entering a store during business hours with intent to steal from an interior room objectively identifiable as off-limits to the public remains burglary rather than shoplifting. Because the defendant's burglary convictions involved entries into private back offices, Proposition 47 would not have made the offenses misdemeanors, so he was not entitled to redesignation. The court affirmed the Court of Appeal's judgment.