People v. Carter

Opinion

ASHBY, J.

Appellant pleaded guilty to grand theft, and was sentenced to state prison. His appeal is limited to search and seizure issues pursuant to Penal Code section 1538.5, subdivision (m).

Appellant and codefendant Hipólito Leiva were caught shoplifting from the Gemco store in Cerritos. On January 9, 1979, a plainclothes store security officer, Vickie Caine, observed them enter the store. Appellant placed seven boxes of electric drills in his shopping cart. He took the shopping cart to the patio area, placed the seven drill boxes inside a large cardboard box in the shopping cart and…