In re Tiffany T.
Filed 5/24/06 In re Tiffany T. CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
In re TIFFANY T., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. TIFFANY T., Defendant and Appellant. | G035409 (Super. Ct. No. DL019505) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Caryl A. Lee, Judge. Order affirmed.
Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Jeffrey J. Koch and Robert M. Foster, Deputy Attorneys General, for Plaintiff and Respondent.
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Tiffany T. appeals from an order sustaining as true a Welfare and Institutions Code section 602 petition alleging that she committed robbery (Pen. Code, § 211) and misdemeanor battery (Pen. Code, § 242).[1] She challenges only the finding regarding the robbery, positing that no force or fear was used to shoplift eight lighters from a discount store, even though there is no dispute that in the course of trying to escape, she would ultimately bite, spit at, and kick the store employee who pursued her.
More specifically, after Tiffany and a friend pocketed the eight lighters at the discount store, Tiffany's friend tried to purchase some other merchandise. When the friend refused to open her purse and give back the lighters, she and Tiffany ran out an emergency exit, and into a nearby Ralph's grocery store.[2] A discount store employee followed them to the Ralph's. When the two came out of the Ralph's, Tiffany pushed the discount store employee against the wall of the store; when the employee ran after them and tripped Tiffany, Tiffany began biting, spitting and kicking back.
As the Attorney General points out, case law is clear that a robbery conviction can be supported if the taking of property is accomplished by force or fear in the carrying away of the property as well as its initial apprehension. (See People v. Cooper (1991) 53 Cal.3d 1158, 1165, fn. 8 [noting â€
