P. v. Broughton CA4/1
A jury convicted appellant, Kevin Broughton, of one count of robbery (Pen. Code, § 211). Appellant admitted a serious/violent felony ("strike") prior conviction (§ 667, subds. (b)-(i)); and a serious felony prior conviction (§ 667, subd. (a)(1)). , this crime involved an act of shoplifting during which appellant used force and threats of force to escape with personal property. Thus, this became what is often called an "Estes" robbery, based on the case of People v. Estes (1983) 147 Cal.App.3d 23 (Estes). Appellant contends the Estes case was wrongly decided, and all the cases which have followed that case since 1983 were wrongly decided. Appellant recognizes our California Supreme Court has upheld the Estes definition of robbery on numerous occasions and that under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, we are required to follow the decisions of the Supreme Court. We will decline to follow either of appellant's suggestions.
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