P. v. Gordon CA4/3
Defendant Cesar Gordon took Joseph Franco’s bike from a Costa Mesa Taco Bell. But Franco saw what was going on and chased Gordon down, grabbed his backpack, and threw him off the bicycle. Gordon attempted to retain the bike, and a scuffle ensued, during which Gordon landed at least one punch. Franco would later testify Gordon hit him twice in the face, and there is no issue concerning whether Gordon used force in his effort to keep Franco’s bike. Gordon was convicted of attempted robbery and petty theft and sentenced to nine years in prison.
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