People v. Flores CA4/1

DISCUSSION

I. Evidence of Prior Incident

A. Background

The prosecution sought to introduce evidence of a prior incident involving Flores

and another loss prevention agent outside the same Rite Aid store. The prosecution

argued the evidence was relevant to show why Ruiz did not wait for Flores to exit the

store before stopping him.

The court held a hearing under Evidence Code section 402 to determine the

admissibility of the evidence. At that hearing, Ruiz testified that approximately one week

before his interaction with Flores, another loss prevention agent, Jose Hernandez, showed

Ruiz a video of Flores taking items from the store without paying for them. Flores

walked outside the store with the items in his backpack. Hernandez told Ruiz that he

3 approached Flores and identified himself as a loss prevention agent. At that point, Flores

said that he did not have anything but pulled out a deodorant from his backpack. While

Hernandez was talking to Flores, he saw what he believed was a weapon in Flores's hand.

Thus, Hernandez decided not to take further action and went back into the store.

The trial court found the evidence was relevant to show Ruiz's state…