P. v. Wilson CA4/2
Defendant and appellant Darin Kristopher Wilson is serving nine years in prison for a second strike robbery with a prison prior enhancement. Defendant received this sentence for stealing a comforter from a dry cleaning business and physically resisting the business owner’s efforts to retrieve it from him as he retreated across the parking lot of a shopping center. Defendant’s sole argument on appeal is that this court should reexamine the long-established Estes doctrine, which states that the element of force or fear need not take place at the time of the initial theft, but can include the thief’s efforts to prevent the property from being recovered until the thief reaches a place of relative safety. We decline to do so, and thus affirm the conviction.
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