People v. Warren CA4/3

FACTS

On the morning of January 13, 2013, a U-Haul general manager found individuals sleeping in a portable storage unit. The manager told them to leave the premises. Another employee found a cell phone in the storage unit. Defendant later returned to the facility claiming he lost his cell phone in the storage unit. Someone provided the cell phone to defendant. Meanwhile, a customer was moving furniture into a storage unit with the assistance of two movers. The customer purchased a lock for $9.95, which was placed on the bumper of a U-Haul truck by one of her movers. The lock went missing. One of the two movers followed defendant, who was walking away from the U-Haul location. The mover approached defendant and asked him to return the lock. Defendant responded that he did not have a lock. Defendant challenged the mover to a fight, but the mover refused. Defendant continued to walk away before passing an item to his female companion, who

1 All statutory references are to the Penal Code.

2 subsequently passed the same item to the occupants of a red truck. When a police officer found defendant, he was moving away from U-Haul at a “[p]retty good walking pace.” Police did not…