People v. Zurica

FOX, P. J.

Defendant was convicted of grand theft (Pen. Code, § 487, subd. 1). He has appealed from the judgment.

This is a shoplifting case that took place at the Sears store

[419]

in El Monte on March 9, 1962. At approximately 8:45 p.m., Mrs. Bernhardt, a special agent for security at Sears, and Mrs. Taylor, a security trainee, observed defendant in the men’s suit department, which was located near the store entrance. They saw him reach up into the higher rack of men’s suits with both hands and grasp hold of five or six suits. He separated these suits somewhat from the others. He did not take them off the rack for at that moment a clerk came around that particular row of suits, and defendant dropped his hands. A young man was leaning on a counter in back of defendant. He was only 3 or 4 feet away. Defendant nodded to him and then nodded toward the suits. Nothing was said. Both walked away.

A few minutes later Mrs. Bernhardt observed the two men at another suit rack. Defendant reached into a lower rack of suits and grasped hold of a number of suits and dropped them into a corrugated carton on the floor next to the rack. The young man with defendant also reached into the rack and took a number of suits and dropped them in the carton. He then picked up the box, put it on his shoulder, and left by the nearest door. Mrs. Bernhardt told her assistant to put in a call to the store operator for Officer Quillen to join her. She hurried out of the store in pursuit of the young man carrying the ear-ton of suits. Officer Quillen joined her as she was crossing the parking lot, and took over the chase. As the officer ran after the young man, he dropped the box of suits, kicked off his shoes and ran. The officer, however, caught him.

Mrs. Bernhardt returned to the store. She saw defendant leaving the store with a woman and little girl she had seen in the store. She attempted to arrest defendant because he was involved in the theft of the suits. Defendant denied being involved. He claimed he had been shopping Avith his wife, the woman he was with, and became belligerent, using profane language and threatening Mrs. Bernhardt. At that point Officer Quillen returned with the young man in handcuffs, and proceeded to place defendant under arrest. A struggle ensued between defendant and the woman AAdth him and Officer Quillen and Mrs. Bernhardt. Defendant was finally subdued and handcuffed. In the meantime the young man whom Officer Quillen had arrested and brought back in handcuffs escaped.