PEOPLE v. GOMEZ

No. S140612.

74 Cal.Rptr.3d 123 (2008)

43 Cal.4th 249

179 P.3d 917

The PEOPLE, Plaintiff and Respondent, v. Alfonso GOMEZ, Defendant and Appellant.

Supreme Court of California.

April 10, 2008.


Attorney(s) appearing for the Case

Michael Bacall, under appointment by the Supreme Court, San Diego, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Lise S. Jacobson, Deputy Attorneys General, for Plaintiff and Respondent.


CORRIGAN, J.

Here defendant seized property from the victim's business while the victim was not present. The victim arrived on the scene before defendant departed and followed him as he was leaving. As the victim followed, defendant shot at him. Did defendant commit a robbery? Yes.

I. Facts and Procedural History

Shortly before 5:00 a.m. on January 12, 2004, defendant broke into an Anaheim restaurant...

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