Nguyen

I. BACKGROUND

Defendant was charged in an amended information, filed May 20, 2011, with second degree burglary (Pen. Code, § 459) and attempted grand theft (Pen. Code, §§ 487,

* Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of parts II.C. and II.D. 1 People v. Marsden (1970) 2 Cal.3d 118 (Marsden). subd. (a), 664). Defendant was alleged to have served one prior prison term. (Pen. Code, § 667.5, subd. (b).) Defendant entered an electronics store and walked to the computer department. One of the store’s loss prevention officers, Angel Gonzalez, saw defendant open a box, place something under it, and leave the store. When Gonzalez checked the aisle where defendant had been, he found a printer that had been removed from its box and placed on a bottom shelf behind other items, but he was unable to locate a corresponding empty printer box. Gonzalez took the printer, which retailed for about $100, to the front of the store. Soon after, defendant reentered the store. Gonzalez watched on a security camera as defendant returned to the computer department. He saw defendant pick up an opened box and bring out…