P. v. Perry
Patrick Ray Perry appeals from the judgment entered after a jury convicted him of second degree commercial burglary. (Pen. Code, 459.)[1] Appellant admitted a prior prison term enhancement ( 667.5, subd. (b)) and was sentenced to the low term of 16 months state prison plus one year on the enhancement. The trial court ordered appellant to pay a $400 restitution fine ( 1202.4, subd. (b)), a $400 parole revocation fine ( 1202.45), a $20 court security fee ( 1465.8), and a $10 crime prevention fine ( 1202.5). The trial evidence showed that appellant and Kevin Phillips walked into a T-Mobile Store in Palmdale to commit a theft. Phillips purchased a pre-activated $10 Sim card for a Sidekick phone as appellant looked at a Sidekick phone on display. The sales clerk was suspicious because Phillips did not have a T-Mobile phone and Sidekick display phones are the most commonly shoplifted item. Phillips diverted the attention of the sales clerk while appellant took the Sidekick phone on display.
The store manager discovered the theft, called the Sim-card phone number purchased by Phillips, and said the store would not prosecute if the phone was brought back. Within 10 minutes of the call, appellant returned the stolen Sidekick phone and apologized.
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