Does Section 459 of the Penal Code extend to some misdemeanor theft crimes?
California, United States of America
The following excerpt is from People v. Rainey, H044608 (Cal. App. 2018):
8. By its reference to "petit larceny," section 459 also reaches some misdemeanor theft crimes. (People v. Martinez (2002) 95 Cal.App.4th 581, 584 [entry with intent to take shower and thereby to use soap, shampoo, and water sufficient to constitute burglary].) The scope of the section's application to misdemeanor crimes, however, is not raised in this appeal, and we do not address it.
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