People v. Esparza CA2/8

FACTS

Esparza walked into a Kohl’s department store in La Verne and was observed by Hilary Deaner, a loss prevention supervisor at the store. Deaner recognized Esparza from 10 or more “suspicious even exchange” transactions in which he exchanged merchandize without a receipt and receive store credit or a different item. Deaner was so familiar with Esparza that she had nicknamed him as “Even Exchange Guy.” Using the store’s closed circuit television system, Deaner watched Esparza and a female companion as they meandered their way toward the customer service counter. As she watched, Deaner observed Esparza pick up a Godiva chocolate bar from the register area without paying for it, eat part of it as he continued walking, and put the remaining part into his pocket. In the electronics area, Esparza picked up two sets of “Sol” brand earphones and concealed them up his sleeve. In the customer service area, Esparza put his hand into his backpack; when he took his hand out of the backpack, his sleeve no longer looked “boxy in shape.” Esparza then put an item on a bin next to his companion. She picked up the item, and then took the item to the customer service counter and proceeded with…