People v. Martinez CA5

Filed 9/25/15 P. v. Martinez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F067916 Plaintiff and Respondent, (Super. Ct. No. VCF243140C) v.

VALERIE MARTINEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Valeriano Saucedo, Judge. Barbara A. Smith, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, and Julie A. Hokans, Deputy Attorney General, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P. J., Detjen, J. and Smith, J.

INTRODUCTION Following a jury trial, appellant was convicted of conspiracy to commit second- degree commercial burglary (Pen. Code, §§ 182, subd. (a)(1) & 459, count 1), grand theft of personal property (Pen. Code, § 487, subd. (a), counts 2 and 3), and second-degree commercial burglary (Pen. Code, § 459, counts 4, 5, 7 and 9).1 The court granted appellant probation for a period of three years, subject to various terms and conditions. On appeal, appellant contends there is insufficient evidence to support the jury’s finding that she conspired to commit second-degree commercial burglary. We disagree and affirm the judgment. FACTS Prosecution Case In September 2010,2 Jimmy Johnson, a regional loss prevention manager for CVS Pharmacies, noticed a large increase in the amount of “shrink” at a CVS store located at 2135 North Dinuba Boulevard in Visalia, California. Shrink is inventory that is supposed to be in the building but is not due to loss, theft, or paperwork issues. A $116,000 shrink was posted in September 2010, compared to an average of $60,000. Johnson was unable to find inaccuracies or irregularities in the accounting or inventory that would explain the loss. When he examined surveillance video for the month of September, he noticed that on September 9, five different customers left the store without paying for bags of merchandise. Similar incidents occurred on September 1. On September 21, Johnson surveilled the CVS store. From the parking lot, he observed eight individuals leave the store with unpaid merchandise. Appellant and her shift supervisor, Amanda Hooley, were on duty at the CVS store on September 9 and 21.