California, United States of America
The following excerpt is from People v. Shipley, B282524 (Cal. App. 2019):
Robbery is defined as " 'the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by the means of force or fear.' " (People v. Gomez (2008) 43 Cal.4th 249, 254.) "To elevate larceny to robbery, the taking must be accomplished by force or fear and the property must be taken from the victim or in his presence." (Ibid.) The relevant time period includes both obtaining the object and carrying it away. (Id. at p. 256.) "[A] robbery can be accomplished even if the property was peacefully or duplicitously acquired, if force or fear was used to carry it away." (Ibid.) Thus, if force is used either to obtain the property or to carry it away, the crime is elevated from theft to robbery. (Id. at pp. 258, 261.)
Defendant's challenge to the sufficiency of the evidence of robbery ignores the appropriate standard of review. We review " ' "the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidencethat is, evidence which is reasonable, credible, and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt." ' " (People v. Maury (2003) 30 Cal.4th 342, 396.) "A reversal for insufficient evidence 'is unwarranted unless it appears "that upon no hypothesis whatever is there sufficient substantial evidence to support" ' the jury's verdict. [Citation.]" (People v. Zamudio (2008) 43 Cal.4th
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