P v. Root (4th Dist., Div.1) Entering a Bank to Steal Less Than $950.01 by False Pretenses is Shoplifting, PC 459.5

Mr. Root walked into multiple banks trying to cash forged checks under 950 dollars.  For this he was convicted of felony commercial burglary, PC 459.  Following the passage of Proposition 47, Root returned to court seeking to reduce his convictions to misdemeanors under PC 1170.18.  The trial court denied his petition and Root appealed.

The Fourth District reverses.  

The opinion states the issues as whether theft by false pretenses qualifies as "larceny" for purposes of bringing a crime within PC 459.5, shoplifting.  A previous post on People v. Vargas involved the identical issue.  The answer is quite clear, it does.  Penal Code section 490a states,

 "[w]herever any law or statute of this state refers to or mentions larceny, embezzlement, or stealing, said law or statute shall hereafter be read and interpreted as if the word 'theft' were substituted therefor.

So we read "larcency" as "theft" and ask what does "theft" include?  According to PC 484, "theft" includes taking by false pretense.  Thus, it doesn't take a logician to see that "larceny" includes theft by false pretenses.