PEOPLE v. FRANCO

Docket No. 16848.

4 Cal.App.3d 535 (1970)

84 Cal. Rptr. 513

THE PEOPLE, Plaintiff and Respondent, v. HUBERT LOPEZ FRANCO, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

February 18, 1970.


Attorney(s) appearing for the Case

COUNSEL

Richard H. Levin, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Robert J. Polis, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

DUNN, J.

At approximately 8:25 p.m. on October 23, 1968, appellant entered the front door of the Sav-On Drug Store in Oxnard. He went through a check stand and proceeded directly to the cigarette rack. He walked up very close to the rack, almost pressing against it. After scanning the back of the store, he removed a carton of Camel cigarettes from the rack with his left hand, placed the carton underneath his shirt, and put...

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