Does a robbery victim have a right to possess property if they were not aware that it was being taken at the moment of the robbery?

California, United States of America


The following excerpt is from The PEOPLE v. SANCHEZ, G042401, No. SWF002863 (Cal. App. 2010):

Thus, defendant's argument reduced to its essence is that a robbery victim does not "possess" property unless he or she is aware that it is being taken at the moment of the robbery. This claim lacks merit. As previously explained, a victim possesses property if he or she has a legally recognizable interest in it. (People v. Galoia, supra, 31 Cal.App.4th at p. 599, fn. 1.) Moreover, courts have declined to find that a victim's lack of knowledge an item was taken precludes a robbery conviction.

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