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People v. Zerai

California Court of Appeals, Fourth District, Second Division
Feb 28, 2011
No. E051654 (Cal. Ct. App. Feb. 28, 2011)

Opinion

NOT TO BE PUBLISHED

APPEAL from the Superior Court of Riverside County No. RIF152922, Thomas E. Kelly, Judge. (Retired judge of the Santa Cruz Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.)

John D. O’Loughlin, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


McKinster Acting P.J.

I

INTRODUCTION

On February 3, 2010, an information charged defendant and appellant Yohannes Zerai with one count of petty theft under Penal Code section 484, with a prior conviction and custodial sentence for theft under section 666. The information also alleged two prison priors under section 667.5, subdivision (b).

All statutory references are to the Penal Code unless otherwise specified.

On May 20, 2010, a jury trial commenced. On May 21, 2010, defendant admitted the prior theft offense. On May 25, 2010, the jury found defendant guilty of petty theft. Defendant admitted the two alleged prison priors.

On August 23, 2010, probation was denied and defendant was sentenced to a low term of 16 months in prison, with two additional one-year terms under section 667.5, subdivision (b), with credit for 16 days of presentence custody. Defendant was ordered to pay a $200 restitution fine and a $30 court security fee. The court also ordered a $200 parole revocation restitution fine, suspended unless parole is revoked.

On August 23, 2010, defendant filed a timely notice of appeal.

II

FACTUAL AND PROCEDURAL BACKGROUND

Antonio Cortes worked as a plain clothes loss prevention officer at Fiesta Food Market in Moreno Valley. On July 13, 2009, at 1:30 p.m., Cortes was standing in front of the registers. There, Cortes noticed defendant. Defendant walked “too fast” to aisle four, took a quart of motor oil, looked around, then walked “too fast” past the cash registers. Cortes followed 15 feet behind defendant. Defendant walked to the food court, near the single entrance to the store. Defendant tried to leave the store through the entrance door; the door would not open.

Defendant then looked out the entrance door. He walked back to the front, near the registers. Defendant held the motor oil in his right hand, down by his side. He crossed between two registers which were not open. Defendant did not stop and pay for the motor oil. He went straight to the single exit door; he did not purchase anything. During this time, Cortes never lost sight of defendant.

Cortes followed defendant out of the store and detained him about four feet outside the exit. Defendant was cooperative and did not try to escape. Defendant did not have permission to take the motor oil without paying. The motor oil was priced at $4.99. Cortes called the police.

Deputy Sheriff Carlos Leon responded to the call. Cortes informed Deputy Leon that defendant had taken the motor oil without paying for it. The deputy arrested and searched defendant. Defendant had $2.75 in cash on his person; he had no credit, debit or gift cards, or checks. Defendant was cooperative. The deputy issued a citation and released defendant.

III

ANALYSIS

After defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436, and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.

We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.

IV

DISPOSITION

The judgment is affirmed.

We concur: Richli J., Miller J.


Summaries of

People v. Zerai

California Court of Appeals, Fourth District, Second Division
Feb 28, 2011
No. E051654 (Cal. Ct. App. Feb. 28, 2011)
Case details for

People v. Zerai

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. YOHANNES ZERAI, Defendant and…

Court:California Court of Appeals, Fourth District, Second Division

Date published: Feb 28, 2011

Citations

No. E051654 (Cal. Ct. App. Feb. 28, 2011)