People v. Lawson
California Court of Appeal
215 Cal. App. 4th 108, 155 Cal. Rptr. 3d 236 (2013)
- Written by Arlyn Katen, JD
Facts
Brent Kerrigan Lawson (defendant) entered a Walmart, returned items and received over $228 in gift cards, and then selected a $20 hoodie from a menswear department. As Lawson walked through the store’s large central aisle, he took the hoodie off its hanger, tucked the sales tag inside the hoodie, and placed it over his shoulder. Within six minutes after selecting the hoodie, Lawson purchased gum and cigars or cigarettes at the cash register. Lawson left Walmart without paying for the hoodie. A loss-prevention agent saw this on video and stopped Lawson right after Lawson left. Lawson complied with the agent’s instructions. Lawson was charged with petty theft by larceny. Lawson’s trial theory was that he simply forgot that the hoodie was on his shoulder; he did not intend to steal it. The jury convicted Lawson. Lawson appealed, arguing that the trial court erred by failing to instruct the jury on his mistake-of-fact defense.
Rule of Law
Issue
Holding and Reasoning (King, J.)
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