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Modification: In re E.P.

Ruling by

Richard M. Aronson

Lower Court

Orange County Superior Court

Lower Court Judge

Lewis W. Clapp

Penal Code Section 459.5(a)'s definition of 'shoplifting' is not used in its colloquial sense; thus, stealing property from private citizens and from a locker room in commercial establishment could constitute 'shoplifting.'





Court

California Courts of Appeal 4DCA/3

Cite as

2019 DJDAR 33

Published

Jan. 4, 2019

Filing Date

Jan. 3, 2019

Opinion Type

Modification

Disposition Type

Affirmed (in part)


In re E.P., a Person Coming Under the Juvenile Court Law.

 

THE PEOPLE,

Plaintiff and Respondent,

v.

E.P.,

Defendant and Appellant.

 

No. G054375

(Super. Ct. No. 16DL0229)

California Courts of Appeal

Fourth Appellate District

Division Three

Filed Jan. 3, 2019

 

ORDER DENYING REHEARING AND

MODIFYING OPINION;

NO CHANGE IN JUDGMENT

 

The opinion filed on December 11, 2018, is hereby modified as follows:

On page 6, delete the entire paragraph beginning with "Nor does section 459.5, subdivision (b) . . ."

 

The petitions for rehearing are DENIED. This modification does not change the judgment.

 

ARONSON, ACTING P. J.

 

 

WE CONCUR:

FYBEL, J.

THOMPSON, J.

 

 

#272515

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