What is the test for using force or fear in the crime of robbery?

California, United States of America


The following excerpt is from People v. Daniel D. (In re Daniel D.), G050559 (Cal. App. 2016):

Court further stated: "'[A] robbery occurs when defendant uses force or fear in resisting attempts to regain the property or in attempting to remove the property from the owner's immediate presence regardless of the means by which defendant originally acquired the property.' [Citation.]" (People v. McKinnon, supra, at pp. 686-687.) "'The terms "force" and "fear" as used in the definition of the crime of robbery have no technical meaning peculiar to the law.'" (People v. Griffin (2004) 33 Cal.4th 1015, 1025-1026.) "The law does require that the perpetrator exert some quantum of force in excess of that 'necessary to accomplish the mere seizing of the property.'" (People v. Anderson (2011) 51 Cal.4th 989, 995.)

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