People v. Strickland CA2/5

Filed 11/20/14 P. v. Strickland CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B254195

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA096686) v.

LEROY STRICKLAND,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Richard R. Romero, Judge. Affirmed. Hancock & Spears, Alan E. Spears for Defendant and Appellant. Kamala D. Harris, Attorney General, Lance E. Winters, Senior Assistant Attorney General, Chung L. Mar and Idan Ivri, Deputy Attorneys General for Plaintiff and Respondent. _______________

Appellant Leroy Strickland was convicted, following a jury trial, of one count of second degree burglary in violation of Penal Code section 459. The trial court sentenced appellant to the low term of 16 months in county jail. Appellant appeals from the judgment of conviction, contending there is insufficient evidence to support his conviction. We affirm the judgment of conviction.

FACTS At about 4:30 p.m. on August 27, 2013, asset protection associates at a Wal-Mart store in Torrance were watching customers on the store’s surveillance system. Kevin Merritt saw appellant and considered his actions suspicious. Merritt watched appellant enter the electronics department with empty hands, crouch down in the cell phone accessory area, then stand up and leave the department carrying two pieces of merchandise. Merritt identified the items as a cell phone case and a “Passport” hard drive device. Appellant went to the sporting goods department with the merchandise in his hands. There, he opened the packaging on the items, then placed the empty packaging on a shelf. Merritt testified that he saw appellant conceal the case and “Passport” on his person. Video of appellant showed him leaving the department with nothing in his hands. Appellant went to the front of the store, walked past the cash registers without stopping and left the store. He was approached by Edgar Luna and Nicholas Faustino, who were Wal-Mart asset protection associates. They asked appellant to come back into the store. He agreed. As they all walked toward the office, appellant turned around and tried to push past the associates toward the exit. Appellant said he needed to go to his car. Luna told appellant he needed to go to the office first. Appellant continued to try to push past the associates. Luna and Faustino, joined by Merritt, forcibly moved appellant into the office. Once inside the office, appellant was cooperative. Merritt and Luna stated that appellant took a “Passport” device and cell phone case from his pocket and placed them