P. v. Andalco CA4/3
A jury convicted Porfirio Moises Andalco of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c); all statutory citations are to the Penal Code), dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1)), and misdemeanor resisting arrest (§ 148, subd. (a)(1)). He argues the evidence was insufficient to support his robbery conviction because his use of force was not contemporaneous with the taking of the property. He asserts People v. Estes (1983) 147 Cal.App.3d 23 (Estes), which held a theft may become a robbery where force is used after the taking to retain or escape with the property (id. at p. 28), was wrongly decided. He also contends he reached a place of temporary safety before he employed force. For the reasons expressed below, we affirm the judgment.
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