P. v. Webb CA4/3
Defendant was convicted of an Estes second-degree robbery. (Pen. Code, §§ 211, 212.5, subd. (c); People v. Estes (1983) 147 Cal.App.3d 23, 27-28.) The court suspended execution of a three-year prison sentence and placed defendant on five years of formal probation.
In an Estes robbery, the perpetrator accomplishes a theft without the use of force or fear, but in attempting to escape uses force or fear. Often, as here, it is a case of shoplifting, and the perpetrator uses force when confronted by a loss prevention officer (LPO). Here, the LPO confronted defendant and a physical altercation occurred. Defendant’s theory at trial was that she was acting in lawful defense of her purse. The jury was unpersuaded. On appeal, she contends the court erred by excluding a recording of a 911 call, which she contends would have bolstered her theory and undermined the prosecution. We conclude the court was within its discretion in excluding the call and thus affirm.
Comments on P. v. Webb CA4/3