Kenneth Davis (defendant) went into a Mervyn’s department store carrying a Mervyn’s shopping bag. Davis took a shirt from a hanger, went to the sales counter, and requested a refund. A store security guard watched Davis do this and instructed the cashier to give Davis a store credit voucher. The cashier did so, and the security guard detained Davis. The State of California (plaintiff) charged Davis with petty theft with a prior theft-related conviction. The state presented theft by larceny and theft by trick and device as theories to the jury. The jury convicted Davis of petty theft, and Davis appealed. The Court of Appeal affirmed, and Davis petitioned the California Supreme Court for review.