Does section 215 of the California Code of Criminal Procedure require that the victim was not present at the time of the robbery?
California, United States of America
The following excerpt is from People v. Walker, A137905 (Cal. App. 2019):
Addressing defendants' argument, it is important to note section 215 "does not require that the victim be inside or touching the vehicle at the time of the taking." (People v. Medina (1995) 39 Cal.App.4th 643, 650.) Rather, the requirement that the defendant "took the car from the victim's 'person or immediate presence[]' ( 215, subd. (a)[]) . . . is similar to the equivalent requirement for robbery. Due to differences in
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