The People v. Zwick CA4/3

FACTS

In April 2011, Thai Quan decided to sell his 2009 Harley Davison motorcycle. He posted an ad on the Orange County Craigslist with all pertinent information and an asking price of $7,800. During the morning of April 22, he and Zwick exchanged texts, agreed on a selling price of $7,500, and arranged to meet at Quan’s house later that morning. At around 10:00 a.m., Zwick and his friend John Virag arrived at Quan’s residence. They found him in the garage with the motorcyle. Zwick asked to test drive the motorcycle, and Quan agreed after Zwick gave him a $1,000 in $100 bills as a cash deposit. When Zwick returned, he and Quan started to negotiate a price. Quan

All further statutory references are to the Penal Code unless otherwise stated.

2 reaffirmed his $7,500 asking price, but Zwick said he had only $6,800 in cash with him. Zwick gave Quan a wad of $100 bills that he said totaled $6,800. But when Quan counted the $100 bills, he discovered Zwick had handed him only $6,700. Zwick accused Quan of stealing one of the $100 bills, and a search for the missing bill ensued. Quan, Zwick, and Virag searched the garage, and Quan emptied his pockets and allowed Zwick to conduct a…