MILLER v. SUPERIOR COURT

No. D042465.

8 Cal.Rptr.3d 872 (2004)

115 Cal.App.4th 216

Matthew Bryan MILLER, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; The People, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

Review Denied March 17, 2004.


Attorney(s) appearing for the Case

Michael J. McCabe, San Diego, for Real Party in Interest.

Bonnie M. Dumanis, District Attorney, Kim-Thoa Hoang and Michael Zachary, Deputy District Attorneys for Petitioner.

No appearance for Respondent.


McINTYRE, J.

Penal Code section 211 defines a robbery as "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." (All statutory references are to the Penal Code except as otherwise specified.) The issue presented in this case is whether the immediate presence requirement of a robbery charge is satisfied...

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