Buonauro

People v. Buonauro

Good Law
113 Cal. App. 3d 688·170 Cal. Rptr. 285·1980 Cal. App. LEXIS 2580
Court of Appeal of CaliforniaDecember 19, 1980Crim. 37353California1,834 words

Opinion

Opinion

Ashby, J.

Appellant was convicted by jury trial of petty theft with a prior conviction of grand theft (Pen. Code, § 666) and was sentenced to state prison.

On July 28, 1979, Frank Ramos was store manager of the Clark Drug Store in Temple City. He was responsible for running all the operations of the store, including safeguarding store merchandise, but he was not a security officer.

At about 11 a.m. he observed appellant standing behind a counter, where customers were normally not allowed, in the photo department. Expensive items were stored at that display counter and on the shelf behind. Mr. Ramos stepped briefly into a storeroom and when he came back out appellant was gone from the counter. A customer came up to Mr. Ramos and said, “A lady just took two radios from the department and put them in her purse.” The customer’s description of the lady matched the person Mr. Ramos had seen behind the counter, appellant.

Mr. Ramos immediately went to the checkstand area and closed it off with a shopping cart and chain. He then observed appellant in aisle 16. He approached her and stated, “Will you please come with me to the back room, Ma’am? I would like to see what you have in your…

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