People v. Green CA4/1

BACKGROUND

Green went to a Target store, grabbed a basket, and proceeded quickly to the electronics department. He put four calculators and four hard drives in the basket and continued to walk through the store. When Green arrived in another department, he pulled a reusable Target bag out of a pocket of his hoodie and transferred the calculators and hard drives from the basket to the bag. He then proceeded to the exit without paying for the items. A Target employee who had been monitoring Green’s actions via surveillance cameras waited for him at the exit, identified himself as “Target security,” and ordered Green to stop. Green sprayed the employee with pepper spray, ran to his vehicle, and drove off. Nearby police officers received a report of the incident and stopped Green. They found a can of pepper spray in his hoodie and another can, the calculators, and the hard drives in the vehicle. The People charged Green with robbery (Pen. Code, § 211) and possession of tear gas by a felon (id., § 22810, subd. (a)). As an aggravating sentencing circumstance, they alleged he had served a prior prison term. (Cal. Rules of Court, rule 4.421(b)(3).) A jury found Green guilty on both…