People v. Aguirre CA4/2

FACTS AND PROCEDURE

A loss prevention officer at a Costco had been assigned specifically to catch an

unidentified male and female who had been stealing razor blade refill boxes from Costco

for the previous several months. The amount of the loss was estimated at $10,000. The

officer had taken loss prevention reports for the suspects on several occasions, but

reported to police only the following three incidents. On December 4, 2013, and January

5 and 6, 2014 the loss prevention officer witnessed defendant and a female suspect enter

the store. On each occasion the suspects took multiple packages of razor blade refills,

placed them in the female’s purse, and left the store without paying. Each time, the two

left the store’s parking lot before police arrived. After the January 6 incident, a probation

officer recognized the two suspects at a nearby intersection and arrested them after

finding the razor blades in their possession. The value of merchandise taken in the three

incidents was, respectively, $260, $500 and $344.93.

On April 1, 2014, the People charged defendant with a total of six crimes for the

three specified incidents—one count of second degree commercial…