Was defendant entitled to resentencing under Penal Code section 1170.18 on his conviction for second degree burglary either on the ground that it met the definition of misdemeanor shoplifting (Pen. Code, section 459.5) or on the ground that section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less?
Cite as
2016 DJDAR 8570Published
Aug. 19, 2016Filing Date
Aug. 17, 2016Summary
The petition for review was granted in a case from the Fourth District. Further action in this matter was deferred pending consideration and disposition of a related issue in People v. Gonzales, S231171, 242 Cal.App.4th 35 (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of the court. Gonzales presents the following issue: Was defendant entitled to resentencing under Penal Code section 1170.18 on his conviction for second degree burglary either on the ground that it met the definition of misdemeanor shoplifting (Pen. Code, section 459.5) or on the ground that section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less?
—
PEOPLE
v.
SIMON
No. S235879
C.A. 4th, Div. 2, No. E062900
California Supreme Court
Filed August 17, 2016
Petition for review granted; briefing deferred
The petition for review is granted. Further action in this matter is deferred pending consideration and disposition of a related issue in People v. Gonzales, S231171 (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the court.
Cantil-Sakauye, Chief Justice
Werdegar, Associate Justice
Chin, Associate Justice
Corrigan, Associate Justice
Liu, Associate Justice
Cuéllar, Associate Justice
Kruger, Associate Justice
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