People v. Neufeld CA2/1

BACKGROUND

I. The robbery

On January 19, 2015, Neufeld entered a 7-Eleven store in Lancaster, California. When Neufeld entered the store, Rajpal Kahlon (Kahlon) was one of the sales associates on duty. From behind the cash register counter, Kahlon observed Neufeld walk from one corner of the store to the other. Eventually, Neufeld walked down the candy aisle, which is perpendicular and directly in front of the cash register. The candy aisle is the “most obvious aisle” from the cash register counter and on the day in question, Kahlon had a “very clear” view of Neufeld as he walked up the candy aisle toward the cash register. As Kahlon watched, Neufeld walked up the candy aisle and grabbed a “Butterfinger” candy bar. After grabbing the candy bar, Neufeld walked to the end of the aisle and turned toward the store’s door. At first, Kahlon thought Neufeld had simply forgotten to pay, as other customers sometimes do when they are distracted or are in a hurry.

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 Accordingly, Kahlon said, “[E]xcuse me” to Neufeld and reminded him to pay for the candy bar. Instead of answering or even…