People v. Esparza CA2/8

Filed 8/11/14 P. v. Esparza CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B254931

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA103819) v.

FIDEL ESPARZA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert M. Martinez, Judge. Affirmed.

Doreen B. Boxer, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Defendant and appellant Fidel Esparza appeals from a judgment sentencing him to serve two years in county jail for convictions on one count of second degree commercial burglary and one count of felony petty theft with prior theft-related convictions. (Pen. Code, §§ 459; 666, subd. (a) & 484; 654; 1170, subds. (h)(1) & (h)(2).)1 We affirm. FACTS Esparza walked into a Kohl’s department store in La Verne and was observed by Hilary Deaner, a loss prevention supervisor at the store. Deaner recognized Esparza from 10 or more “suspicious even exchange” transactions in which he exchanged merchandize without a receipt and receive store credit or a different item. Deaner was so familiar with Esparza that she had nicknamed him as “Even Exchange Guy.” Using the store’s closed circuit television system, Deaner watched Esparza and a female companion as they meandered their way toward the customer service counter. As she watched, Deaner observed Esparza pick up a Godiva chocolate bar from the register area without paying for it, eat part of it as he continued walking, and put the remaining part into his pocket. In the electronics area, Esparza picked up two sets of “Sol” brand earphones and concealed them up his sleeve. In the customer service area, Esparza put his hand into his backpack; when he took his hand out of the backpack, his sleeve no longer looked “boxy in shape.” Esparza then put an item on a bin next to his companion. She picked up the item, and then took the item to the customer service counter and proceeded with what appeared to be an even exchange. Esparza joined his companion, and appeared to participate in the transaction. (Deaner later confirmed with the employee at the counter that it had been an even exchange transaction involving Sol earphones.) After the transaction, Esparza and his companion walked through other departments in the store, and then, about 16 minutes after they had first entered the store, Esparza and his companion walked back outside of the store. They never paid for any item.