People v. Davis

18 Cal.4th 301 (1998)

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Nature of the Case

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Facts

D entered a Mervyn's department store carrying a Mervyn's shopping bag. As he entered, he was placed under camera surveillance by store security agent Carol German. While German both watched and filmed, D went to the men's department and took a shirt displayed for sale from its hanger; he then carried the shirt through the shoe department and into the women's department on the other side of the store. There he placed the shirt on a sales counter and told cashier Heather Smith that he had 'bought it for his father' but it didn't fit, and he wanted to 'return' it. Smith asked him if he had the receipt, but he said he did not because 'it was a gift.' Smith informed him that if the value of a returned item is more than $20 and there is no receipt, the store policy is not to make a cash refund but to issue a Mervyn's credit voucher. Smith was interrupted by a telephone call from German. German asked if D was trying to 'return' the shirt, and directed her to issue a credit voucher. Smith prepared the voucher and asked D to sign it. He used a false name. German detained him as he walked away from the counter with the voucher. D gave a second false name and three different dates of birth; he also told German that he needed money to buy football cleats, asked her if they could 'work something out,' and offered to pay for the shirt. The information charged D with the crime of petty theft. D argued that on the facts shown he could be convicted of no more than an attempt to commit petty theft, and therefore sought dismissal of the petty theft charge. The court denied the motion. The jury got instructions for theft by larceny and theft by trick and device. D was found guilty of petty theft as charged in the information. The Court of Appeal affirmed the judgment. The State Supreme Court granted review.