Is a burglary committed under section 459 of the California Penal Code eligible for reduction in sentence under Proposition 47?

Proposition 47 allows a person convicted of a felony to ask the court to reduce certain listed drug and theft offenses to misdemeanors. Karas agrees that the burglary statute, section 459, is not listed as an offense eligible for sentence reduction in section 1170.18. He contends, however, that his crime falls within the definition of petty theft in section 490.2.³

Interpretations of Proposition 47 are subject to de novo review. (People v. Bush (2016) 245 Cal.App.4th 992, 1003.) The

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