People v. Frausto CA4/2

FACTS AND PROCEDURE

On October 15, 2013, a loss prevention officer saw defendant and her codefendant

place a number of items in defendant’s purse while shopping at a Wal-Mart store. They

stopped at a cash register to pay for some small food items, but did not pay for

approximately $55 worth of items they had placed in defendant’s purse. The loss

prevention officer confronted the pair once they had exited the store, grabbed defendant’s

purse, and told them to accompany him back into the store. The codefendant grabbed the

loss prevention officer and swung him to the side while defendant shoved a second loss

prevention officer. The pair left the store with the purse, but were later arrested at home.

On February 14, 2014, the People charged defendant in an amended felony

complaint with burglary (§ 459), petty theft with prior theft convictions (§ 666, subd. (a)),

and robbery (§ 211). The People also alleged that defendant had a prior strike conviction,

a robbery, from 1991 (§§ 667, subds. (c) & (e)(1) and 1170.12, subd. (c)(1)).

On February 14, 2014, defendant pled guilty to all charges and admitted the strike

prior. The trial court told defendant that she could received…