In re H.W. CA3

Good Law
2 Cal. App. 5th 937
Court of Appeal of CaliforniaAugust 9, 2016C079926California3,213 words

Opinion

Opinion

Nicholson, J.

—In this Welfare and Institutions Code section 602 proceeding, the juvenile court sustained a petition charging the minor, H.W., with theft and possession of burglary tools. The minor challenges only the burglary tools finding. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On October 13, 2014, loss prevention agent Marcus Nealy and loss prevention manager Stephanie Garza were employed at a Sears department store in Yuba City. Watching the sales floor via the store’s closed-circuit surveillance system, Nealy saw the minor enter the store with “a backpack that looked empty” and noticed he was ‘“looking around very suspiciously.” Nealy and Garza took up separate positions on the sales floor and communicated by cell phone as they continued to observe the minor.

Garza told Nealy the minor removed the antitheft tag from a pair of jeans using a pair of pliers, carried the jeans into the restroom, and, when the minor came out of the restroom, Garza no longer saw the jeans. Nealy checked the restroom but found no jeans. Meanwhile, Garza alerted Nealy the minor was leaving the store without stopping at a cash register or attempting to pay for the jeans. Nealy headed outside to…

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