People v. Stovall CA4/2

FACTS

Defendant raises no issues pertaining to the probation violation, aside from the

issue of fines not imposed at sentencing. Accordingly, we will limit our recitation of the

facts to those underlying the theft conviction.

On November 28 and 29, 2010, the Palm Springs Art Festival was taking place at

a park in Palm Springs. Xingjie Chen was among the artists selling their work at the

festival. The booths consisted of vinyl tents, the sides of which could be zipped shut. At

5:00 a.m. on November 29, Officers Benstead and Andre were dispatched to the park in

response to a report of a suspicious person on a bicycle at the festival site. Benstead saw

a mountain bike leaning against a display stand. He and Andre conducted a grid search

of the festival site. A private security guard assisted in the search. Benstead heard one of

the tents “crinkling.” He stepped to one side and watched that row of tents. He saw the

side of the last tent in the row moving slightly and then saw defendant walk around the

corner from behind that tent into the aisle where Benstead was standing.

3 The court granted defendant’s motion to strike some of his strike priors, pursuant to People v.…