Robbery

Under the statute, Penal Code section 211, "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."

Under CALCRIM 1600, the elements are:

1. The defendant took property that was not (his/her) own;

2. The property was in the possession of another person;

3. The property was taken from the other person or (his/her) immediate presence;

4. The property was taken against that person’s will;

5. The defendant used force or fear to take the property or to prevent the person from resisting;

AND

6. When the defendant used force or fear, (he/she) intended (to deprive the owner of the property permanently/ [or] to remove the property from the owner’s possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property).

Furthermore, the CALCRIM says: "[A person takes something when he or she gains possession of it and moves it some distance. The distance moved may be short.]"

People v. Gomez explains the theft portion of robbery: "Larceny requires the taking of another's property, with the intent to steal and carry it away. (Citation.) “Taking,” in turn, has two aspects: (1) achieving possession of the property, known as “caption,” and (2) carrying the property away, or “asportation.” (Citation.) Although the slightest movement may constitute asportation (Citation), the theft continues until the perpetrator has reached a place of temporary safety with the property. (Citation).

So robbery is a theft with force. As theft, robbery requires a caption, and an asportation.

"What sets an Estes robbery apart from a standard robbery is that force or fear is used not in the acqusition of the property, but in the escape." (People v. Robins (2020) 44 Cal.App.5th 413, 419, citing People v. Estes (1983) 147 Cal.App.3d 23, 28.) As Estes itself explains: "The crime of robbery includes the element of asportation, the robber's escape with the loot being considered as important in the commission of the crime as gaining possession of the property." (Estes, at p. 27.)

The concept of an Estes robbery is premised on: "The crime of robbery is a continuing offense that begins from the time of the original taking until the robber reaches a place of relative safety." (Estes, at p. 28.) Because the offense isn't complete until the perpetrator reaches a place of safety, any use of force by the perpetrator before the point of safety is why it is a robbery. Otherwise, if asportation wasn't a required element, then the use of force after the caption does not transform the theft into a robbery. As Robins put it, without an asportation element, then it becomes "simply a theft plus an assault." (Robins, at p. 419.)

Attempted Robbery. Pen. Code, §§ 664, 211; People v. Webster (1991) 54 Cal.3d 411, 443 [285 Cal.Rptr. 31, 814 P.2d 1273].

Elements of force or fear

Fear is sufficient by itself. Stepping back was fear. (People v. Collins (2021) 65 Cal.App.5th 333.)

[F]ear means “ ‘sufficient fear to cause the victim to comply with the unlawful demand for his property.’ ” (People v. Morehead (2011) 191 Cal.App.4th 765, 774.)

Aider and abettor

People v. Haynes (1998) 61 Cal.App.4th 1282

People v. Elliott (1993) 14 Cal.App.4th 1633

Attempted Estes robbery

People v. Robins (2020) 44 Cal.App.5th 413

In Robins, the defendant left the store with a bunch of clothing. The loss prevention officer confronted the defendant outside the store. The loss prevention officer caused the defendant to let go of the clothing. The defendant fled the scene.

Accordin to Robins, "What sets an Estes robbery apart from a standard robbery is that force or fear is used not in the acquisition of the property, but in the escape.[5] (People v. Estes, supra, 147 Cal.App.3d at p. 28.) The typical case starts with a shoplifting and turns into a robbery when the thief is confronted by a LPO, and the thief assaults the LPO in an attempt to get away." (P. 419)

People v. Hodge 213 Cal.App.4th 531

Community property

Taking cell phone that was community property still legally is robbery according to People v. Aguilera (2016) 244 Cal.App.4th 489.