People v. Forman CA2/8

FACTS

On April 24, 2012, at approximately 9:30 p.m., Forman entered a Rite Aid store, approached an undercover loss prevention officer and asked him where he was from. The officer said he was from “nowhere.” Forman said, “This is Insane Crip Gang.” He then walked to the liquor aisle, placed four bottles of Absolut Vodka in his backpack, and left the store without paying for them. Another loss prevention officer, Anthony Ford, followed Forman. Ford identified himself as a loss prevention officer and asked Forman to return to Rite Aid. Forman said, “I don’t care.” Ford continued to follow Forman. Forman put his backpack down, took a fighting stance, and yelled out his gang name. He then retrieved his backpack and ran down the street. Ford continued after him. Forman put down the back pack and again assumed a fighting stance. Ford attempted to pick up the backpack and Forman punched him in the face, causing him to fall back. A car pulled up, Forman jumped in, and he left. Forman was convicted as charged after trial by jury and sentenced to an aggregate term of 43 years-to-life, computed as follows: on count 1, Forman was sentenced to 25 years-to-life, plus 10 years for the gang…