California, United States of America
The following excerpt is from People v. Le, G055182 (Cal. App. 2018):
p. 222.) People v. Estes (1983) 147 Cal.App.3d 23, 27 (Estes), established the victim's presence after the taking was in progress would be sufficient to establish the "immediate presence" element. In that case, a department store security guard saw defendant shoplifting clothing inside the store and attempted to stop defendant after he left the store without paying for the items. (Id. at p. 26.) Defendant swung a knife at the security guard and threated to kill him. (Ibid.)
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.