People v. Marschke CA4/2

FACTS

On May 15, 2012, Daniel Covarrubias, an undercover loss prevention investigator

for a CVS store in the City of Highland, witnessed defendant pushing a shopping basket

in the skincare aisle of the store. Defendant had her purse in the children’s seat portion of

the shopping basket; she had a CVS ad on top of her purse and merchandise from the

store surrounding it.

Defendant selected a number of items from the shelves including face cream, a

razor, lubricant, false eyelashes, and mascara; she then removed the items from the

1 All further statutory references are to the Penal Code. On the People’s motion prior to trial, the court dismissed a count 2 charge of felony assault with a Taser (§ 244.5, subd. (b)).

2 packaging and placed them in her purse. Defendant made her way to the register where

she paid for a soda, but not the items in her purse. She left the store.

Covarrubias approached defendant immediately outside the store and identified

himself as CVS security. He requested she come back inside the store to discuss the

merchandise for which she did not pay. Defendant said she did not have anything, but

agreed to go back into the store. As they moved toward…