People v. Strickland CA2/5

FACTS

At about 4:30 p.m. on August 27, 2013, asset protection associates at a Wal-Mart store in Torrance were watching customers on the store’s surveillance system. Kevin Merritt saw appellant and considered his actions suspicious. Merritt watched appellant enter the electronics department with empty hands, crouch down in the cell phone accessory area, then stand up and leave the department carrying two pieces of merchandise. Merritt identified the items as a cell phone case and a “Passport” hard drive device. Appellant went to the sporting goods department with the merchandise in his hands. There, he opened the packaging on the items, then placed the empty packaging on a shelf. Merritt testified that he saw appellant conceal the case and “Passport” on his person. Video of appellant showed him leaving the department with nothing in his hands. Appellant went to the front of the store, walked past the cash registers without stopping and left the store. He was approached by Edgar Luna and Nicholas Faustino, who were Wal-Mart asset protection associates. They asked appellant to come back into the store. He agreed. As they all walked toward the office, appellant turned around and…