The People v. Bernstein CA5

FACTS

On September 7, 2011, Sharon Duffin stopped for gas in Bakersfield. She pulled up to a gas pump at the back of the station but discovered that it was not working. She drove to the front of the station and pulled alongside another gas pump. As she proceeded to the second pump, Bernstein approached from the side of the parking lot and told her that her gas cap was off. Duffin exited her car at the second gas pump, leaving her keys in the ignition and her purse in plain view on the seat. Her purse contained two wallets, cell phones, and other personal property. One of the wallets contained four $20 bills, one $10 bill, two $5 bills and six $1 bills. The other wallet contained family pictures and grocery store discount cards. Duffin swiped her gas card at the fuel pump. As she was entering her zip code into the credit card reader, she felt someone move behind her and heard him say, “I All statutory references are to the Penal Code unless otherwise specified.

2 thought you were going to drive away with your gas cap off.” From the corner of her eye, Duffin saw Bernstein‟s leg enter her car and the car door shut. She turned, grabbed the car door and reached into the car…