P. v. Schmidt CA2/2
A jury convicted Jonathan Schmidt (defendant) of second degree robbery when he slapped a 7-Eleven store manager while absconding with a $2.49 can of chilled Starbucks coffee. On appeal, he argues that the trial court erred (1) in allowing the 7-Eleven store cashier and the manager to testify to what they saw on surveillance video that was never authenticated, and (2) instructing the jury, consistent with People v. Estes (1983) 147 Cal.App.3d 23, 27-28 (Estes), that defendant could be convicted of robbery if he used force or fear in the victim’s immediate presence to carry away the merchandise. We reject both arguments, and affirm.
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