People v. Rosales CA5

FACTS

On October 9, 2018, appellant entered a cell phone store and inquired about purchasing a speaker that was on display. The store manager told appellant the speaker was broken but that she could sell the speaker to appellant at a discount. Appellant said he would come back. When he returned later that day, he had changed his clothes. Appellant asked a store employee to put the speaker in a book bag he brought in with

Further undesignated statutory references are to the Penal Code. In re Yurko (1974) 10 Cal.3d 857.

2. him, and she complied. The employee then began to ring up the purchase but stepped a few feet away from the counter to text her boss to get the discount code. Once the employee stepped away, appellant reached behind the counter and grabbed the speaker. The employee ran toward appellant and tried to get the speaker back and ended up grabbing a part of appellant’s sweater. Appellant turned around and said he had a knife. The employee saw the blade of the knife and got scared. Appellant brought the speaker outside the store, but at some point, he dropped it, got on his bicycle, and rode away. Surveillance videos from the store displaying portions of…