People v. Carter CA4/2

FACTS AND PROCEDURE

On January 19, 2012, defendant placed a pair of athletic shoes into his waistband

and left a shoe store without paying for the shoes. The store’s intrepid loss prevention

officer followed defendant, identified himself, and then struggled and fought with

defendant first outside the store, and then into the store parking lot, across the street at a

gas station, and finally across another street in the parking lot of a bank. Defendant was

apprehended with the help of two bystanders, at which point the loss prevention officer

handcuffed appellant and handed him over to police officers. After being handcuffed,

defendant dropped a lighter and four small white rocks of what later tested to be cocaine.

Defendant gave the arresting officers an incorrect name and birth date.

On March 5, 2012, the People filed an information charging defendant with

second-degree robbery (Pen. Code, § 211),1 petty theft (§ 484, subd. (a)), possession of a

1 All section references are to the Penal Code unless otherwise indicated.

2 controlled substance (Health & Saf. Code, § 11350, subd. (a)), and giving false

information to a police officer (§ 148.9, subd. (a)). The People…