Sherow

STATEMENT OF FACTS

We set forth the facts, taken from the previous appeal, only to provide context for

our discussion. Accordingly, we will adopt the respondent's summary for convenience.

On July 31, 2007, Officer Cisneros with the Riverside County Police Department's

burglary and auto theft unit conducted undercover surveillance on appellant because he

was suspected of large scale DVD thefts. Officer Cisneros observed appellant enter a

Ross department store, go the men's apparel section, select several pieces of clothing off

the rack, "roll it up in a really tight roll," place it in his waistband, and leave the store

without paying. Officer Cisneros then watched appellant go to his vehicle, place the

stolen goods in the back seat, and drive off.

Thereafter, Officer Cisneros followed appellant to an AJ Wright store. Officer

Cisneros witnessed appellant steal more men's clothing in the same manner as he did at

Ross. After appellant left AJ Wright without paying for the merchandise he tucked into

his waistband, Officer Cisneros followed him to Walmart. While appellant was inside

Walmart, Officer Cisneros looked inside appellant's car and saw…