California Court of Appeals, Fourth District, First Division
from an order of the Superior Court of San Diego County, No.
SCN183440, David J. Danielsen, Judge.
Reversed and remanded with directions.
[Copyrighted Material Omitted]
Mahler, under appointment by the Court of Appeal, for
Defendant and Appellant.
D. Harris, Attorney General, Gerald A. Engler, Chief
Assistant Attorney General, Julie L. Garland, Assistant
Attorney General, Theodore M. Cropley and Warren J. Williams,
Deputy Attorneys General, for Plaintiff and Respondent.
by Huffman, J., with Benke, Acting P. J., and Haller, J.,
Cal.Rptr.3d 89] HUFFMAN, J.
is another case dealing with the proper interpretation of
newly created Penal Code section 459.5 regarding
shoplifting. We are
aware our Supreme Court [205 Cal.Rptr.3d 90] has granted
review in numerous cases including opinions on opposing
interpretations of the statute. Ultimately our high court
will provide guidance on the interpretation and application
of the statute. In the interim, it is our obligation to make
our best efforts to correctly interpret and apply the
question presented by this appeal is whether a defendant must
commit or intend to commit common law larceny at the time the
person enters a commercial establishment during regular
business hours. The parties do not dispute the building was a
commercial establishment, that it ...