May 2012
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Not error in failure to instruct on lesser theft in purse snatch case resulting in robbery conviction

People v. Burns (2009) , Cal.App.4th,  Second Dist., Apr. 8, 2009
Def and friend follow victim out of store and down street.  After victim enters building, Def grabs her purse and yanks it from her, also stepping on her tow.  At trial issue is mistaken identity and no request is made for theft from person.  Appeal [...]

Upper term allowed without jury and without usual exception-lack of jury harmless error!

People v. Curry (2007) , Cal.App.4th [No. C052801. Third Dist. Dec. 31, 2007
4 defendant case - 1 cuts deal.   Victim is 32 wks pregnant w/1 def kid.  Def does not want kid and they break up.  Def new girlfriend calls victim and makes threats.  Victim offers to help def with money.  Defs make plan to [...]

Threat with shiny object during shoplifting escape elevates offense to robbery

People v. Villa (2007) , Cal.App.4th [No. B195363. Second Dist., Div. Eight. Dec. 17, 2007.
Two workers in Radio Shack are alerted by display case alarm.  They observe Def fleeing store with GPS.  They chase Def is who is fleeing on bicycle-after awhile - Def points shiny object at workers and they stop chase, thinking this is [...]

Purse snatch with struggle can be robbery

People v. Thomas (2007) , Cal.App.4th [No. B169300. Second Dist., Div. Four. Nov. 1, 2007
Def is getaway driver for boyfriend purse snatcher.  In one count boyfriend uses knife to cut strap and has tug of war with purse owner.  Court has lengthy discussion about how purse snatch is always grand theft person, but here, with [...]

Peaceful shoplift with shoving force used during getaway is robbery

People v. Gunter (2007) , Cal.App.4th [No. B196075. Second Dist., Div. Seven. Nov. 6, 2007
Def shoplifts from music store and leaves store.  He is seen by manager who tells him to stop, then sicks the mall guards on Def.  Mall guards catch up to Def.  Def tries to return property and pushes a guard and [...]