Does Penal Code § 459.5 Include Theft by False Pretenses?

In the following summary of a reported decision, Michael Fusting walked into a San Diego surf shop and tried to sell a used surfboard that was not his own.  The store employees recognized the board and knew it was not owned by Fusting, so they called the police.  Fusting later entered a plea to felony commercial burglary and when Prop 47 passed, tried to have his felony reduced to a misdemeanor. Did the court grant his petition?  Click on the following link to find out.

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