People v. Carroll CA3

FACTS AND PROCEEDINGS

A. Theft Citation

On January 15, 2011, defendant was shopping at a Wal-Mart store in West Sacramento. He was apprehended by a Wal-Mart loss prevention officer after he attempted to leave the store without paying for various items he had placed in a backpack that was located in his cart. Defendant put two cans of spray paint as well as bike lights in the child seat of a shopping cart near an empty backpack. After observing defendant with the items and the empty backpack, the loss prevention officer followed defendant to the store’s grocery area. Defendant placed several food items and some toilet paper in the cart. Defendant loaded the paint, bike lights, and toilet paper into the backpack. He then put the backpack on and proceeded to the checkout stand. Defendant purchased the food items, but failed to pay for the items in the backpack. The loss prevention officer took defendant to the security office and recovered the items in the backpack, the prices of which totaled $79.60.

2 Police were sent to the Wal-Mart store where an officer issued defendant a citation for theft. Defendant told the officer that he had messed up and that he had intended to buy…