What is the test for determining whether a robbery has occurred?
California, United States of America
The following excerpt is from People v. Soliz, E064293 (Cal. App. 2017):
of events that constitutes the robbery. "We reject any effort by defendant to shift the blame to the victim. It is the conduct of the perpetrator who resorts to violence to further his theft, and not the decision of the victim to confront the perpetrator, that should be analyzed in considering whether a robbery has occurred." (People v. Gomez, supra, 43 Cal.4th at p. 264.)
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