People v. Howard CA2/3

Filed 8/20/25 P. v. Howard CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B338271

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA128583) v.

JACK HOWARD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, David C. Brougham, Judge. Affirmed. Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

FACTUAL AND PROCEDURAL BACKGROUND I. Facts Prosecution case On September 19, 2021, Jesus Pimentel Luna was working as a security guard at WSS in El Monte, California. Between 11:00 a.m. and noon, he saw Jack Howard in the store with bags under his arm. Howard walked to the back of the store, grabbed two pairs of shoes from an aisle and put them down. He went to the soccer section and grabbed clothing. Howard walked to the back of the store where he had his bag open and stuffed the shoes and clothing into them. Pimentel Luna approached Howard, startling him. Pimentel Luna was wearing a shirt that identified him as a store employee. He told Howard that he needed to remove the items from the bag and leave the store. Howard got up. As he started walking, he told Pimentel Luna to “ ‘back the fuck up.’ ” Howard pulled out a black kitchen knife and moved it toward Pimentel Luna, who was about three feet away. Pimentel Luna was scared he would get hurt if he got closer to Howard. Pimentel Luna told Howard to leave the store. Howard walked out of the store with the items of clothing and two pairs of shoes. A surveillance video from the store captured the incident. Pimentel Luna called the police. El Monte Police Officer David Avalos arrived in about two minutes. Pimentel Luna showed him the video and described the items that were taken. Officer Avalos left the store to look for a suspect. He found Howard about three hours after the incident occurred. When Officer Avalos initially saw Howard, he was crouching down behind cars. He was carrying a clear plastic trash bag. Officer