Supreme Court of California

The crime of robbery occurs when property is forcefully retained in the victim's presence, even when the victim was not present at its initial "caption", or taking. A conviction for robbery is affirmed where, contrary to defendant's claim, he committed a robbery in circumstances in which he seized property from the victim's business while the victim was not present, the victim arrived on the scene before defendant departed and followed him as he was leaving, and then, as the victim followed, defendant shot at him.

Appellate Information

• Decided 04/10/2008
• Published 04/10/2008

Judges

• CORRIGAN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Michael Bacall, under appointment by the Supreme Court, San Diego, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Lise S. Jacobson, Deputy Attorneys General, for Plaintiff and Respondent.