People v. Lodge

FOX, P. J. Appellant was convicted of petty theft with a prior felony conviction, to wit: burglary, in violation of section 667 of the Penal Code. He has appealed from the judgment.

In seeking a reversal he makes two contentions: (1) the evidence is insufficient to establish his guilt of petty theft; and (2) the evidence is insufficient to show that he had suffered a prior felony conviction.

On January 9, 1962, appellant and his codefendant, Ferguson,* were in the Broadway Department Store located at 8739 Sepulveda Boulevard in the Westchester area of Los Angeles. They were under the surveillance of Max Dunn, assistant store manager, and Jacqueline Duffy of the Broadway protection staff, for quite some time. The defendants were first observed in the men’s suit department of the store. They later proceeded together to the opposite side of the store which is the women’s suit and coat department. At that time they stopped, engaged in a conversation with each other, and after a moment, turned around and proceeded back into the main part of the store. They then crossed over to the north side of the store which is the location of the appliance, radio and TV department. This department is on the far side of the store from the women’s suit department and it was necessary for them to go through several other departments in order to reach the appliance, radio and TV department. The TV floor models were generally in the front while the portables are located on a shelf at the rear of the department. Defendants

[412]proceeded specifically to the area where the portable models were located and were observed standing by a portable TV. There defendants hesitated; Ferguson picked up a portable TV set and the two men proceeded along the aisle, hesitated again, and then both walked out of the store together, Ferguson still carrying the set. Dunn observed that neither of the defendants approached or engaged any employee of the store in conversation before walking out of the store with the television set, nor did either of them make any attempt to pay for the set.

Dunn and Miss Duffy followed defendants out of the door. One of the defendants turned around and observed Dunn and Miss Duffy. At that point Ferguson put the TV on the ground and both defendants ran. Dunn ran after appellant who was chased across the street by another employee who caught him. Appellant was brought back to the store. Ferguson was apprehended by Miss Duffy and another employee. The TV set was brought back into the store, at which time it was determined that its sale price was $168.88.