Miller v. Superior Court

Opinion

McINTYRE, J.

Penal Code section 211 defines a robbery 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.” (All statutory references are to the Penal Code except as otherwise specified.) The issue presented in this case is whether the immediate presence *219requirement of a robbery charge is satisfied where the defendant, after stealing property belonging to the victim but not from the victim’s presence, is confronted by the victim as he is attempting to carry the…