STATE v. JOHNSON

No. 76528-6.

121 P.3d 91 (2005)

STATE of Washington, Respondent, v. Richard Stephen JOHNSON, Jr., Petitioner.

Supreme Court of Washington.

Decided October 13, 2005.


Attorney(s) appearing for the Case

Daniel Herbert Bigelow, Attorney at Law, Cathlamet, for Petitioner/Appellant.

Spokane County Prosecutor's Office, Kevin Michael Korsmo, Spokane, for Appellee/Respondent.

En Banc.


PER CURIAM.

¶ 1 We consider whether a robbery conviction can be based upon force used to escape after peaceably-taken property has been abandoned. Concluding that the force must be used to obtain or retain property, or to prevent or overcome resistance to the taking, we reverse Richard Johnson's first degree robbery conviction.

¶ 2 Johnson walked into Wal-Mart, loaded a $179 television-video cassette recorder combo into a shopping cart, removed the...

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