People v. Davis

Davis (defendant) took a shirt from a display, brought it to a Mervyn's sales counter, and requested a refund; a security guard who witnessed this had the cashier issue store credit and then detained Davis, who was convicted of petty theft with a prior theft conviction after the jury was instructed on larceny theories including theft by trespass. The Court of Appeal affirmed, and Davis sought review from the California Supreme Court.