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5 California opinions name it 1 courts 2004–2025 1 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Hayesgreen2 sentences2007The Evidence at Trial Was Sufficient to Support Gunter's Robbery Conviction 2 Robbery is defined as "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." (§ 211; see People v. Hayes (1990) 52 Cal.3d 577 , 626-627 [ 276 Cal.Rptr. 874 , 802 P.2d 376 ].) "The crime is essentially a theft with two aggravating factors, that is, a taking (1) from [the] victim's person or immediate presence, and (2) accomplished by the use of force or fear." ( Miller v. Superior Court (2004) 115 Ca 2007The Evidence at Trial Was Sufficient to Support Gunter's Robbery Conviction 2 Robbery is defined as "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." (§ 211; see People v. Hayes (1990) 52 Cal.3d 577 , 626-627 [ 276 Cal.Rptr. 874 , 802 P.2d 376 ].) "The crime is essentially a theft with two aggravating factors, that is, a taking (1) from [the] victim's person or immediate presence, and (2) accomplished by the use of force or fear." ( Miller v. Superior Court (2004) 115 Ca | 2 | 2 |
Miller v. Superior Courtgreen2 sentences2025(People v. Whalen, supra, 56 Cal.4th at p. 69 ; People v. DePriest (2007) 42 Cal.4th 1, 50 .) “The crime [of robbery] is essentially a theft with two aggravating factors, that is, a taking (1) from [the] victim’s person or immediate presence, and (2) accomplished by the use of force or fear.” (Miller v. Superior Court (2004) 115 Cal.App.4th 216, 221 ; accord, DePriest, at p. 50.) 3. 2015(People v. Williams, supra, 57 Cal.4th at pp. 786-787; People v. Whalen, supra, 56 Cal.4th at p. 69 .) “The crime [of robbery] is essentially a theft with two aggravating factors, that is, a taking (1) from [the] victim’s person or immediate presence, and (2) accomplished by the use of force or fear.” (Miller v. Superior Court (2004) 115 Cal.App.4th 216, 221 ; see People v. Burns, supra, 172 Cal.App.4th at p. 1256 .)2 2 There was evidence the total value of the merchandise taken by Brown was slightly more than $142. | 1 | 4 |
People v. Burnsgreen1 sentence2015(People v. Williams, supra, 57 Cal.4th at pp. 786-787; People v. Whalen, supra, 56 Cal.4th at p. 69 .) “The crime [of robbery] is essentially a theft with two aggravating factors, that is, a taking (1) from [the] victim’s person or immediate presence, and (2) accomplished by the use of force or fear.” (Miller v. Superior Court (2004) 115 Cal.App.4th 216, 221 ; see People v. Burns, supra, 172 Cal.App.4th at p. 1256 .)2 2 There was evidence the total value of the merchandise taken by Brown was slightly more than $142. | 1 | 1 |
People v. Coopergreen2 sentences2004Robbery As noted above, a "robbery" is "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." (§ 211.) The crime is essentially a theft with two aggravating factors, that is, a taking (1) from victim's person or immediate presence, and (2) accomplished by the use of force or fear. ( People v. Marquez (2000) 78 Cal.App.4th 1302, 1308 , 93 Cal.Rptr.2d 758 ; see People v. Avery (2002) 27 Cal.4th 49, 53, fn. 4 , 115 Cal.Rptr.2d 403 , 38 P.3d 1 .) "The taking element of robbery it 2004Robbery As noted above, a "robbery" is "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." (§ 211.) The crime is essentially a theft with two aggravating factors, that is, a taking (1) from victim's person or immediate presence, and (2) accomplished by the use of force or fear. ( People v. Marquez (2000) 78 Cal.App.4th 1302, 1308 , 93 Cal.Rptr.2d 758 ; see People v. Avery (2002) 27 Cal.4th 49, 53, fn. 4 , 115 Cal.Rptr.2d 403 , 38 P.3d 1 .) "The taking element of robbery it | 1 | 1 |
Commonwealth v. Homergreen1 sentence2004Robbery As noted above, a "robbery" is "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." (§ 211.) The crime is essentially a theft with two aggravating factors, that is, a taking (1) from victim's person or immediate presence, and (2) accomplished by the use of force or fear. ( People v. Marquez (2000) 78 Cal.App.4th 1302, 1308 , 93 Cal.Rptr.2d 758 ; see People v. Avery (2002) 27 Cal.4th 49, 53, fn. 4 , 115 Cal.Rptr.2d 403 , 38 P.3d 1 .) "The taking element of robbery it | 1 | 1 |
People v. Averygreen2 sentences2004Robbery As noted above, a "robbery" is "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." (§ 211.) The crime is essentially a theft with two aggravating factors, that is, a taking (1) from victim's person or immediate presence, and (2) accomplished by the use of force or fear. ( People v. Marquez (2000) 78 Cal.App.4th 1302, 1308 , 93 Cal.Rptr.2d 758 ; see People v. Avery (2002) 27 Cal.4th 49, 53, fn. 4 , 115 Cal.Rptr.2d 403 , 38 P.3d 1 .) "The taking element of robbery it 2004Robbery As noted above, a "robbery" is "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." (§ 211.) The crime is essentially a theft with two aggravating factors, that is, a taking (1) from victim's person or immediate presence, and (2) accomplished by the use of force or fear. ( People v. Marquez (2000) 78 Cal.App.4th 1302, 1308 , 93 Cal.Rptr.2d 758 ; see People v. Avery (2002) 27 Cal.4th 49, 53, fn. 4 , 115 Cal.Rptr.2d 403 , 38 P.3d 1 .) "The taking element of robbery it | 1 | 1 |
People v. Marquezgreen2 sentences2004Robbery As noted above, a "robbery" is "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." (§ 211.) The crime is essentially a theft with two aggravating factors, that is, a taking (1) from victim's person or immediate presence, and (2) accomplished by the use of force or fear. ( People v. Marquez (2000) 78 Cal.App.4th 1302, 1308 , 93 Cal.Rptr.2d 758 ; see People v. Avery (2002) 27 Cal.4th 49, 53, fn. 4 , 115 Cal.Rptr.2d 403 , 38 P.3d 1 .) "The taking element of robbery it 2004Robbery As noted above, a "robbery" is "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." (§ 211.) The crime is essentially a theft with two aggravating factors, that is, a taking (1) from victim's person or immediate presence, and (2) accomplished by the use of force or fear. ( People v. Marquez (2000) 78 Cal.App.4th 1302, 1308 , 93 Cal.Rptr.2d 758 ; see People v. Avery (2002) 27 Cal.4th 49, 53, fn. 4 , 115 Cal.Rptr.2d 403 , 38 P.3d 1 .) "The taking element of robbery it | 1 | 1 |
People v. Fryered2 sentences2004Robbery As noted above, a "robbery" is "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." (§ 211.) The crime is essentially a theft with two aggravating factors, that is, a taking (1) from victim's person or immediate presence, and (2) accomplished by the use of force or fear. ( People v. Marquez (2000) 78 Cal.App.4th 1302, 1308 , 93 Cal.Rptr.2d 758 ; see People v. Avery (2002) 27 Cal.4th 49, 53, fn. 4 , 115 Cal.Rptr.2d 403 , 38 P.3d 1 .) "The taking element of robbery it 2004Robbery As noted above, a "robbery" is "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." (§ 211.) The crime is essentially a theft with two aggravating factors, that is, a taking (1) from victim's person or immediate presence, and (2) accomplished by the use of force or fear. ( People v. Marquez (2000) 78 Cal.App.4th 1302, 1308 , 93 Cal.Rptr.2d 758 ; see People v. Avery (2002) 27 Cal.4th 49, 53, fn. 4 , 115 Cal.Rptr.2d 403 , 38 P.3d 1 .) "The taking element of robbery it | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Whalen
red
2 sentences2025(People v. Whalen, supra, 56 Cal.4th at p. 69 ; People v. DePriest (2007) 42 Cal.4th 1, 50 .) “The crime [of robbery] is essentially a theft with two aggravating factors, that is, a taking (1) from [the] victim’s person or immediate presence, and (2) accomplished by the use of force or fear.” (Miller v. Superior Court (2004) 115 Cal.App.4th 216, 221 ; accord, DePriest, at p. 50.) 3. 2015(People v. Williams, supra, 57 Cal.4th at pp. 786-787; People v. Whalen, supra, 56 Cal.4th at p. 69 .) “The crime [of robbery] is essentially a theft with two aggravating factors, that is, a taking (1) from [the] victim’s person or immediate presence, and (2) accomplished by the use of force or fear.” (Miller v. Superior Court (2004) 115 Cal.App.4th 216, 221 ; see People v. Burns, supra, 172 Cal.App.4th at p. 1256 .)2 2 There was evidence the total value of the merchandise taken by Brown was slightly more than $142. | 2 | 2015–2025 |
People v. DePriest
green
1 sentence2025(People v. Whalen, supra, 56 Cal.4th at p. 69 ; People v. DePriest (2007) 42 Cal.4th 1, 50 .) “The crime [of robbery] is essentially a theft with two aggravating factors, that is, a taking (1) from [the] victim’s person or immediate presence, and (2) accomplished by the use of force or fear.” (Miller v. Superior Court (2004) 115 Cal.App.4th 216, 221 ; accord, DePriest, at p. 50.) 3. | 1 | 2025–2025 |
The People v. Williams
green
1 sentence2015(People v. Williams, supra, 57 Cal.4th at pp. 786-787; People v. Whalen, supra, 56 Cal.4th at p. 69 .) “The crime [of robbery] is essentially a theft with two aggravating factors, that is, a taking (1) from [the] victim’s person or immediate presence, and (2) accomplished by the use of force or fear.” (Miller v. Superior Court (2004) 115 Cal.App.4th 216, 221 ; see People v. Burns, supra, 172 Cal.App.4th at p. 1256 .)2 2 There was evidence the total value of the merchandise taken by Brown was slightly more than $142. | 1 | 2015–2015 |
People v. Estes
green
1 sentence2007(See, e.g., Miller, supra , 115 Cal.App.4th at p. 223 ; People v. Gray (1998) 66 Cal.App.4th 973 , 990 [ 78 Cal.Rptr.2d 191 ].) In People v. Estes (1983) 147 *Page 918 Cal.App.3d 23 [ 194 Cal.Rptr. 909 ] ( Estes ) a store security guard confronted the defendant in the parking lot after seeing him shoplift some clothing. | 1 | 2007–2007 |
People v. Gray
green
2 sentences2007(See, e.g., Miller, supra , 115 Cal.App.4th at p. 223 ; People v. Gray (1998) 66 Cal.App.4th 973 , 990 [ 78 Cal.Rptr.2d 191 ].) In People v. Estes (1983) 147 *Page 918 Cal.App.3d 23 [ 194 Cal.Rptr. 909 ] ( Estes ) a store security guard confronted the defendant in the parking lot after seeing him shoplift some clothing. 2007(See, e.g., Miller, supra , 115 Cal.App.4th at p. 223 ; People v. Gray (1998) 66 Cal.App.4th 973 , 990 [ 78 Cal.Rptr.2d 191 ].) In People v. Estes (1983) 147 *Page 918 Cal.App.3d 23 [ 194 Cal.Rptr. 909 ] ( Estes ) a store security guard confronted the defendant in the parking lot after seeing him shoplift some clothing. | 1 | 2007–2007 |
People v. Anderson
green
2 sentences2004For example, in People v. Anderson (1966) 64 Cal.2d 633 , 51 Cal.Rptr. 238 , 414 P.2d 366 ( Anderson ), the California Supreme Court held that the defendant was properly convicted of robbery based on evidence that he examined a rifle and ammunition at a pawnshop under the guise of being interested in purchasing the items and while the pawnshop clerk was totaling the purchase price, he loaded the rifle and pointed it at the clerk to facilitate his escape. 2004For example, in People v. Anderson (1966) 64 Cal.2d 633 , 51 Cal.Rptr. 238 , 414 P.2d 366 ( Anderson ), the California Supreme Court held that the defendant was properly convicted of robbery based on evidence that he examined a rifle and ammunition at a pawnshop under the guise of being interested in purchasing the items and while the pawnshop clerk was totaling the purchase price, he loaded the rifle and pointed it at the clerk to facilitate his escape. | 1 | 2004–2004 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.