P. v. Cruz
Defendant Yommala Southvilay Cruz stole $125.49 in merchandise from the Baby Gap store at the Galleria Mall in Roseville. The Gaps loss prevention agent, Justin Morek, confronted defendant outside the store and asked her to explain the clothing stowed away in her black tote bag. Defendant pushed Morek and attempted to exit the mall. As Morek grabbed defendant to detain her, she threw the bag at him and punched him in the shoulder. The struggle spilled out into the parking lot, where defendant was ultimately handcuffed by mall security.
On appeal, defendant contends, and the Attorney General concedes, that the trial court erred in imposing a concurrent, rather than a stayed, sentence on her burglary conviction. As will be explained more fully below, Court accept the concession and will modify the judgment to stay defendants sentence on the burglary conviction.
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