P. v. Austin
William Martin Austin (defendant) appeals his conviction for second degree robbery.
At a preliminary hearing, the People presented evidence that in May 2015, defendant entered a Ralph’s market, took a shopping bag (99 cents for purchase) from the register, and filled it with bottles of shampoo. The manager on duty noted that defendant looked “upset” and was acting “suspicious[ly],” and alerted security. Shortly thereafter, the manager heard a commotion at the front of the store and saw defendant “ranting and raving” and yelling expletives at several employees. When the manager attempted to calm him down and remove him from the store, defendant became “very angry” and grabbed the manager’s shirt, “slamming his fist” into the manager’s chest and repeatedly threatening to “kill” him and “fuck [him] up.” Defendant left the store and walked down the street with the shopping bag filled with shampoo bottles without paying.
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