California, United States of America
The following excerpt is from People v. Hernandez, 251 Cal.Rptr.3d 129, 38 Cal.App.5th 260 (Cal. App. 2019):
beer) and a burglary charge (for the very expensive bourbon). (See United States v. Takhalov (11th Cir. 2016) 827 F.3d 1307, 1313, fn. 5 [" Pappy's ... is a particularly rare bourbon varietal: nearly impossible to find, and nearly impossible to afford when one finds it"].) In addition, if the defendant in fact committed a robbery, nothing in section 459.5 precludes the prosecution from charging and proving the robbery directly, rather than pursuing a burglary charge based on entry with intent to commit that crime. If force or fear was actually used in procuring the property, the prosecution may pursue both shoplifting charge and a robbery charge.4
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