Callegri

Defendant was convicted of petty theft with a prior conviction for burglary. (Pen. Code, § 666.) He asserts the prosecutor committed prejudicial error by questioning and commenting on his prearrest silence, and the court erred by denying his motion to stipulate to the prior conviction. We shall affirm.

Factual History

Michael Kale was employed by Mervyn’s department store as a security guard. On the evening of October 28, 1982, he noticed defendant alighting from a light blue sedan parked near the store. Kale’s attention was drawn to defendant because he had received a description of defendant from another employee, following a previous incident. Defendant proceeded to the men’s department, selected a ski jacket and tried it on. A male and a female joined defendant. He modeled the jacket for them, they conferred, and the couple left the area. Kale observed these activities from a security observation post.

Defendant left the store wearing the jacket without stopping to pay for it. Kale followed him, exhibited his badge, and asked defendant to stop. Defendant fled and was thereafter captured by Kale and three other employees. Defendant was very combative during his…