P. v. Villareal CA4/2
In 2012, defendant and appellant Desiree Dawn Villareal pleaded guilty to two
counts of second degree commercial burglary in violation of Penal Code1
section 459.
Subsequently, defendant petitioned for relief pursuant to the Safe Neighborhoods and
Schools Act, enacted by the voters as Proposition 47 in the November 2014 election.
On appeal, defendant argues that the trial court erred by considering the aggregate
amount of loss, rather than the value of the property at issue in each separate count. The
People concede the aggregation issue, but contend that the denial of defendant’s petition
was nevertheless proper, because the cashing of a forged check at a check cashing
business does not fall within the meaning of “shoplifting” in section 459.5. We reverse
the trial court’s order
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