P. v. Jones CA2/6
Defendants break into a house they believe is uninhabited. While ransacking the house, they find its fearful resident hiding in a closet. We draw upon our Supreme Court’s holding in People v. Anderson (2011) 51 Cal.4th 989, 991-992, “We hold here that the intent element of robbery does not include an intent to apply force against the victim or to cause the victim to feel fear. It is robbery if the defendant committed a forcible act against the victim motivated by the intent to steal, even if the defendant did not also intend for the victim to experience force or fear.”
Here we conclude the defendants have committed a robbery even though they were unaware of the victim’s presence.
Davion Dwayne Jones appeals a judgment following conviction of home invasion robbery, residential burglary (two counts), street terrorism, carjacking, giving false information to a police officer, and unlawful driving.
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