People v. Cordova CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

In January 2021, Cordova entered a Home Depot store. T.F., a Home Depot asset protection specialist, observed Cordova walk down an aisle, look around to see who was watching him, select an item off the shelf, and conceal it inside his jacket. Cordova walked towards an exit and T.F. followed him. T.F. signaled a manager-on-duty, F.K., to follow him as Cordova exited the store. Cordova did not pay for the item.

All further statutory references are to the Penal Code. 2 Cordova exited the store, and T.F. and F.K. approached him outside. T.F. identified himself as Home Depot loss prevention and stated, “I need my merchandise back.” T.F. told him he would be free to leave if he returned to the store and signed some papers. Cordova refused to reenter the store. He said he did not have anything from Home Depot and asked T.F. to leave him alone. T.F. testified that during the interaction with Cordova, T.F. “was kind of playing tag” with him. At some point, Cordova handed T.F. a stolen product but not the product T.F. witnessed him take. T.F. told Cordova that if he returned the product T.F. witnessed him take, “we will call it even,” and “[y]ou…