Taking a Candy Bar from a Store Without Paying In California
In People v. Galoia (1994) 31 Cal.App.4th 595, the defendant took beer, a candy bar, and cigarettes from a convenience store without paying for them.
In the store at the time was a man who was collecting money from video games he owned at the location. He chased the defendant outside and asked him to stop.
The defendant threatened to harm him. the video game owner retreated, and the defendant left.
The reviewing court reversed the defendant's conviction of robbing the video game owner, reasoning that the victim did not have a sufficient interest in the stolen property since he was not an employee or agent of the convenience store, was not responsible for the security of the items taken, and had no legally recognized interest in or right to control store property. ( People v. Galoia, supra, 31 Cal.App.4th at pp. 597-598.)