P. v. Hale CA2/8
A jury convicted Tracey Bernard Hale of robbery. He appeals, arguing the trial court should have instructed on simple theft. We affirm. Statutory citations are to the Penal Code.
On May 22, 2019, Hale and a companion approached Mynor Espinoza in a liquor store. Hale asked Espinoza his name and looked at the gold chain around his neck. Then Hale and his companion went to wait at the store’s entrance.
Fearing robbery, Espinoza stayed inside. But Hale approached Espinoza from behind, put his arm around his neck, and dragged Espinoza to a back corner. There, Hale turned Espinoza toward the wall, demanded money, and took Espinoza’s wallet from his pants pocket. He took $180 and a debit card from the wallet, threw the wallet and other contents on the ground, and told Espinoza to use his card to get money from the ATM. Espinoza refused, and Hale threw the card at him. Hale pushed Espinoza’s head down, told him to look at the ground, and unclasped the gold chain from his neck.
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