What is the test for establishing an element of possession in the crime of robbery?

California, United States of America


The following excerpt is from People v. Mullins, 19 Cal.App.5th 594, 228 Cal.Rptr.3d 198 (Cal. App. 2018):

" It has been settled law for nearly a century that an essential element of the crime of robbery is that property be taken from the possession of the victim. [Citation.] ... [] ... [N]either ownership nor physical possession is required to establish the element of possession for purposes of the robbery statute...." ( People v. Scott (2009) 45 Cal.4th 743, 749, 89 Cal.Rptr.3d 213, 200 P.3d 837.)

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