P. v. Oviedo CA4/2
By opinion dated April 27, 2016, we affirmed the judgment. We held that defendant’s offenses of entering the office of a temporary employment agency on three separate occasions, on three separate dates, while identifying himself as the victim, and requesting the victim’s paychecks in the amounts of $231.83, $178.86, and $128, respectively, did not qualify for reduction from second degree burglary to misdemeanor shoplifting because the office of a temporary employment agency did not qualify as a “commercial establishment” within the meaning of section 459.5. The California Supreme Court, by order filed on June 28, 2017, transferred the matter to this court with directions to vacate our decision and reconsider the matter in light of the decision in People v. Gonzales (2017) 2 Cal.5th 858 (Gonzales). We have now done so. The order is reversed.
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