PEOPLE v. JOHNSON
Evidence supported a finding that defendant took personal property from the immediate presence of another by force or fear. Therefore supported a conviction for robbery, where it showed that, while watching surveillance camera, store's loss-prevention officer saw defendant take goods from store without paying. Once outside the store, defendant resisted officer's efforts to get the merchandise back by repeatedly threatening to shoot officer and pulling a gun from defendant's car. Jury instruction was not erroneous where it instructed the jury that the force or fear element of robbery can be satisfied during the asportation or carrying away phase of "taking" rather than only during the "gaining possession" phase of taking. Where jury asked for clarification of law as to where the actual act of robbery ends, judge's response that "commission of the crime of robbery continues so long as the stolen property is being carried away to a place of temporary safety" and that "if the initial taking of the property was without force or fear, but during the carrying away of the property, force or fear is then used against the victim by the perpetrator to retain or escape with the property, the required element of force or fear is established," properly addressed jury's question, was not an improper "pinpoint" instruction, and trial court did not abuse its discretion in denying defendant's counsel's request to be allowed to make additional arguments to the jury after the instruction.
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