PEOPLE v. NGUYEN

No. S075300.

102 Cal.Rptr.2d 548 (2000)

24 Cal.4th 756

14 P.3d 221

The PEOPLE, Plaintiff and Respondent, v. Thuan Van NGUYEN et al., Defendants and Appellants.

Supreme Court of California.

As Modified January 17, 2001.


Attorney(s) appearing for the Case

Corinne S. Shulman, under appointment by the Supreme Court, Hydesville, for Defendant and Appellant Thuan Van Nguyen.

Leslie C. Greenbaum, under appointment by the Supreme Court, Pacific Palisades, for Defendant and Appellant Anphong Due Nguyen.

Anne V. Moore, Nevada City, and Patrick DuNah, San Diego, under appointments by the Supreme Court, for Defendant and Appellant Sokha Kong.

John L. Dodd, under appointment by the Supreme Court, Tustin, for Defendant and Appellant Thanh Van Le.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Janelle M. Boustany, Matthew C. Mulford and Laura Whitcomb Halgren, Deputy Attorneys General, for Plaintiff and Respondent.


GEORGE, C. J.

Relying upon its opinion in People v. Mai (1994) 22 Cal.App.4th 117, 27 Cal.Rptr.2d 141, the Court of Appeal held that a robbery can be committed even if the victim did not possess the property that was taken by force or fear. We disapprove the decision in Mai and reverse, in part, the judgment of the Court of Appeal in the present case.

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