People v. Antoine CA2/8

FACTS

A. People’s Case

Viewed in accordance with the usual rules on appeal (People v. Zamudio (2008) 43 Cal.4th 327, 357-358), the evidence relating to the single count of which defendant was convicted established that on April 16, 2012, a number of surveillance cameras were spread throughout the Vons/Safeway located on Redondo Beach Boulevard in Gardena. The store had multiple entrances and exits, including one known as the “cart entrance,” which was intended solely to be used for pushing empty carts into the store, not customer egress. To exit the store through the cart entrance, a person would have to stoop under a metal rail. At about 7:00 p.m. that day, store employee Dora Palomino was in the store parking lot, walking towards her car, when she heard a woman saying, “hurry up.” Looking in the direction from which the voice was coming, Palomino saw April Barnes in the driver’s seat of a green Ford Tempo; defendant was taking loose items (i.e. not

Defendant was charged by information with three counts of burglary, occurring on three dates in April and May 2012; prior conviction enhancements were alleged pursuant to the Three Strikes law (Pen. Code, §§ 1170.12,…