California, United States of America
The following excerpt is from People v. Miramon, 140 Cal.App.3d 118, 189 Cal.Rptr. 432 (Cal. App. 1983):
In People v. Lavender, the appellant induced a hotel clerk to show him a room, tied him up in there, and then went to another room where he took money from the cash drawer. In upholding the robbery conviction, the Lavender court stated: "At least as early as the time when the clerk was induced to leave the hotel office for the purpose of 'showing' the room to defendant and his companion the crime of robbery was commenced; it was an overt act connected with the commission of the offense, at which time the clerk was 'immediately' present. The trick or device by which the physical presence of the clerk was detached from the property under his protection and control should not avail defendant in his claim that the property was not taken from the 'immediate presence' of the victim." (Id. at p. 591, 31 P.2d 439.) At bench, appellant's pulling of a knife when the victim surprised him in his apartment was an overt act connected with the commission of the offense, and perpetrated in the victim's "immediate presence." Upon seeing the knife in appellant's hand, the victim fled from the apartment, shortly thereafter followed by appellant who fled with jewelry and knives belonging to the victim. Assisted by others, the victim caught appellant minutes later.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.