People v. Thomas CA4/1

Filed 4/28/21 P. v. Thomas CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D077371

Plaintiff and Respondent,

v. (Super. Ct. No. SCD284533)

COOPER THOMAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Polly H. Shamoon, Judge. Affirmed.

Karissa Adame, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Steve Oetting and Anthony Da Silva, Deputy Attorneys General, for Plaintiff and Respondent. BACKGROUND On December 14, 2019, defendant entered a clothing store on Fifth Avenue in downtown San Diego. He took multiple pairs of socks worth over

$40. The store supervisor observed defendant and tried to stop him. However, defendant swung his arm, struck and injured the supervisor’s nose and face. Defendant then fled from the store. This conduct was captured on surveillance cameras and the supervisor provided the footage to the police. The supervisor also provided the police with a photograph showing defendant loitering outside the store. In a photo lineup provided by the police, the supervisor identified defendant as the person who took the socks and injured her on December 14. The police used defendant’s photograph to create and then send out a bulletin to law enforcement. An officer recognized defendant’s photo as someone he had arrested for public intoxication on December 13. On December 19, another officer spotted defendant walking down Fourth Avenue in San Diego and, recognizing him from the bulletin, arrested him. The store manager provided a record of the store’s economic loss and indicated defendant had stolen from the store multiple times. Defendant was charged in an information filed by the San Diego