People v. Martinez CA5

INTRODUCTION

Following a jury trial, appellant was convicted of conspiracy to commit second- degree commercial burglary (Pen. Code, §§ 182, subd. (a)(1) & 459, count 1), grand theft of personal property (Pen. Code, § 487, subd. (a), counts 2 and 3), and second-degree commercial burglary (Pen. Code, § 459, counts 4, 5, 7 and 9).1 The court granted appellant probation for a period of three years, subject to various terms and conditions. On appeal, appellant contends there is insufficient evidence to support the jury’s finding that she conspired to commit second-degree commercial burglary. We disagree and affirm the judgment.

FACTS

Prosecution Case In September 2010,2 Jimmy Johnson, a regional loss prevention manager for CVS Pharmacies, noticed a large increase in the amount of “shrink” at a CVS store located at 2135 North Dinuba Boulevard in Visalia, California. Shrink is inventory that is supposed to be in the building but is not due to loss, theft, or paperwork issues. A $116,000 shrink was posted in September 2010, compared to an average of $60,000. Johnson was unable to find inaccuracies or irregularities in the accounting or inventory that would explain the loss. When he…