People v. Estes

In People v. Estes (1983) 147 Cal.App.3d 23 (Estes), a shoplifter carrying stolen property out of a store, confronted by a store security guard in the parking lot, tried to fend the guard off with a knife. (Id. at p. 26.) The defendant was observed entering a Sears store wearing only a T-shirt and jeans. A store security guard saw the defendant take both a vest and a coat and wear them out of the store without paying for them. The security guard confronted the defendant. The security guard asked the defendant to return to the store. The defendant refused and walked away. The security guard then attempted to detain the defendant. The defendant pulled out a knife and swung it at the guard. Finally, the defendant threatened to kill the security guard. The Court of Appeal for the First Appellate District held, "Whether defendant used force to gain original possession of the property or to resist attempts to retake the stolen property, force was applied against the guard in furtherance of the robbery and can properly be used to sustain the conviction." (Id. at p. 28.) The Estes court found that this conduct sufficed to prove robbery because the perpetrator used force to retain possession of the stolen property in the guard's immediate presence. (Id. at p. 27) In holding that the defendant's conduct constituted a robbery--not a theft followed by an assault--the court explained: "The crime of robbery is a continuing offense that begins from the time of the original taking until the robber reaches a place of relative safety. It is sufficient to support the conviction that appellant used force to prevent the guard from retaking the property and to facilitate his escape. The crime is not divisible into a series of separate acts. . . . Whether defendant used force to gain original possession of the property or to resist attempts to retake the stolen property, force was applied against the guard in furtherance of the robbery and can properly be used to sustain the conviction." (Id. at p. 28.)