Does a finding of force constitute an element of the crime of robbery?
California, United States of America
The following excerpt is from People v. Harrell, E075393 (Cal. App. 2020):
element of the crime of robbery. We found that substantial evidence supported a finding of force and affirmed defendant's conviction for robbery." (People v. Harrell, supra, 2015 Cal.App.Unpub. LEXIS 8033, *4.)
On this appeal, defendant articulates the same arguments. As we explained in our opinion from defendant's prior appeal from his Penal Code section 1170.18 petition in 2015, "defendant is foreclosed from challenging his conviction for robbery again. Therefore, because defendant was convicted for robbery under Penal Code section 211, he is ineligible to have his conviction reduced from a felony to a misdemeanor under Penal Code section 1170.18." (People v. Harrell, supra, 2015 Cal.App.Unpub. LEXIS 8033, *4.) Hence, the trial court properly denied defendant's petition.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
The appeal is affirmed.
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