What is the Attorney General's position on the allegation of shoplifting?

The Attorney General does not dispute defendant's version of the facts underlying his offense, and adopts the same facts in the Respondent's Brief to argue that the conduct does not constitute shoplifting (an argument that no longer has merit after People v. Gonzales, supra, 2 Cal.5th 858). However, the Attorney General alternatively arguescorrectlythat since defendant did not present any evidence to the trial court in support of his petition, he cannot meet his burden of showing error. We acknowledge our

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discretion to consider facts that are conceded in briefing, and the parties do not appear to dispute the accuracy of the police report. (Moore v. Powell (1977) 70 Cal.App.3d 583, 586, fn. 2.) But we decline to exercise that discretion here because doing so would relieve defendant of his burden of proof in the trial court and allow him to present necessary evidence for the first time on appeal, a result incompatible with our role as a reviewing court.