California Court of Appeal
MILLER v. THE SUPERIOR COURT OF SAN DIEGO COUNTY (PEOPLE), D042465
The "immediate presence" requirement of a robbery charge is met where the defendant, after stealing property belonging to the victim but not from the victim's presence, is confronted by the victim as he is attempting to carry the property to a place of temporary safety and uses forcible resistance to keep the property.
Appellate Information
- Decided 01/27/2004
- Published 01/27/2004
Judges
- McINTYRE, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Michael J. McCabe, San Diego, for Real Party in Interest., Bonnie M. Dumanis, District Attorney, Kim-Thoa Hoang and Michael Zachary, Deputy District Attorneys for Petitioner.
- For Appellees:
- No appearance for Respondent.