California Court of Appeal

Conviction for second degree robbery is affirmed over claims that: 1) the facts adduced at trial did not support a finding that defendant took personal property from the immediate presence of another by force or fear; 2) the court's jury instructions on robbery, given before deliberations began, were erroneous; and 3) defendant was denied due process and the effective assistance of counsel when the trial court gave a further instruction on the crime of robbery in response to the jury's question posed during its deliberations.

Appellate Information

• Decided 07/31/2006
• Published 08/01/2006

Judges

• RUVOLO, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Gail Harper, San Francisco, by appointment of the Court of Appeal under the First DistrictAppellate Project'sIndependent Case System, for Appellant.


• For Appellees:
  
• Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Laurence K. Sullivan, Catherine A. Rivlin, Supervising Deputy Attorneys General, for Respondent.