People v. Rosales CA4/1

STATEMENT OF FACTS

Rosales was the lead receiver for Kmart in El Centro. On May 29, 2013, Kmart

discovered Rosales was stealing merchandise that was delivered to the store. When

Rosales was interviewed by the loss prevention officer Rosales admitted stealing two

digital cameras worth $500. He also admitted stealing merchandise for 18 to 24 months

prior to being discovered. He said he had taken a variety of items which he identified as

including:

1. 500 drinks such as Pepsi and Gatorade valued at $945.

2. Over 200 various food items valued at $600.

3. Over 200 packs of gum valued at $318.

4. Jewelry.

1 All further statutory references are to the Penal Code unless otherwise specified. 2 5. Five or six digital cameras.

6. A laptop cooling pad.

7. Five televisions.

8. Al least two DVD players.

9. Three Xbox gaming systems.

10. Miscellaneous clothing items.

11. Batteries.

12. Tools.

In all, Rosales estimated the value of the items taken at $10,000.

Most of the items taken had been sold in Mexico, or in some cases returned for

gift card credit, but Rosales still had possession of a number of items. Although some of

the items were no longer "saleable" he was…