P. v. Eivaz
Appellant Daniel Eivaz and his brother were detained in a Costco store as employees watched them slash open packages, remove the contents, and discard the empty packages throughout the store. Appellant was convicted of count I, second degree burglary (Pen. Code,[1] 459), count II, conspiracy to commit theft with seven overt acts ( 182, subd. (a)(1), 484) and count III, petty theft with a prior theft-related conviction ( 666, 484), and he pleaded no contest to count V, misdemeanor possession of a tear gas weapon ( 12403.7, subd. (a)), and received the second strike term of four years. On appeal, he contends there is insufficient evidence of the specific intent required for counts I, II and III, that the prosecution improperly admitted evidence of his silence after he was detained by store employees, and the court should have granted his request for instructions on attempted theft as lesser included offenses of counts I, II and III. Court affirm.
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