People v. Harper CA5

FACTS

At about 9:00 p.m. on April 18, 2018, the owner of a small grocery and convenience store closed up the store for the night, emptying his cash register before locking the windows and doors and going home. He left the keys in the cash register but removed the money. When he and his son returned the next morning at about 7:15 a.m. to open the store, the owner discovered one of the store’s windows was broken and a jacket he had never seen before was covering the opening. There was also a hammer he had never seen before lying on the floor inside the store. The owner and his son found three boxes sitting outside the store containing the cash register, energy drinks, candy, and cigarette boxes from the store. While outside the store, they saw a car pull up in front. Defendant exited the car and attempted to pick up the boxes containing the cash register and other items. The son stopped defendant from picking up the items while the owner called the sheriff’s

3. department. As the owner spoke to the sheriff’s department, defendant walked away from them and started to run. The owner saw defendant throw several items out of his pockets onto the ground as he ran across the street.…