P. v. Jackson CA2/5
Defendant Jimmy James Jackson (defendant) admits he intended to steal from a department store when he rolled a shopping cart full of merchandise out its front door. After a store employee stopped him just outside the door, defendant slapped away the employee’s hand and pushed past the employee with his shoulder so he could continue on with the shopping cart and merchandise unimpeded. We are asked to decide whether there was substantial evidence that defendant used force or fear to steal the merchandise—such evidence is required for the taking to constitute robbery—and whether the trial court abused its discretion in denying defendant’s Romero motion at sentencing.
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