Is auto burglary a crime that would be reduced to a misdemeanor under section 490.2?

California, United States of America


The following excerpt is from People v. Fukumoto, G056567 (Cal. App. 2019):

Second, even if Proposition 47 were available to defendant, his offense of auto burglary is not subject to reduction to a misdemeanor under section 490.2. Section 490.2 applies only to theft offenses. And auto burglary is committed by entering a locked vehicle with intent to commit larceny. A completed theft is not an element of the crime. (See 459 ["Every person who enters any . . . vehicle as defined by the Vehicle Code, when the doors are locked, . . . with intent to commit grand or petit larceny or any felony is guilty of burglary"].) That conclusion is also made plain by the list of offenses made eligible for resentencing under section 1170.18. Burglary offenses are not listed therein. Thus, as held in People v. Acosta (2015) 242 Cal.App.4th 521, defendant's "effort to bring . . . car burglary within the purview of Proposition 47 fails, as neither car burglary nor its attempt is mentioned in the list of statutes reduced to a misdemeanor." (Id. at p. 526, italics added.)

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