People v. Brew

In People v. Brew (1991) 2 Cal.App.4th 99, the defendant was convicted of robbing the cashier at a drug store. The evidence showed that the defendant, who was considerably larger in size than the cashier, approached the cashier's register and then took advantage of the absence of a counter or any type of barrier between himself and the cashier. The defendant stood about two and one-half to three feet away from the cashier. The cashier noticed the defendant and the alcohol on his breath. The defendant then made a purchase in order to get the cashier to open the cash drawer. As the cashier started to put the money in the drawer, the defendant, without saying anything, interjected himself physically between the cashier and the cash register drawer, causing the cashier to step back in fear. The cashier confirmed at trial that she stepped back from the register at that point because she was "scared." The court found that these facts were sufficient to support a finding that the offense committed against the cashier was accomplished through fear or intimidation. (People v. Brew, supra, 2 Cal.App.4th 99, 104.)