The People v. Williams

Defendant used re-encoded payment cards to buy gift cards at a department store. After the store’s security guards were alerted to the scam, they asked defendant to show them the gift card receipts and the payment cards used. Defendant did so. When he was told that the numbers on the cards did not match those on the receipts, he began walking away, ignored the security guards’ requests to stop, and then shoved one of the guards. After a brief struggle, defendant was handcuffed. Defendant was later charged with and convicted of several offenses, including, as relevant here, robbery and theft. He here challenges his robbery convictions.

An element of robbery is the “felonious taking of personal property in the possession of another . . . .” (Pen. Code, § 211, italics added; all further statutory references are to the Penal Code.) At issue is the type of theft that constitutes a “felonious taking.” Is it only theft by larceny, as defendant argues? Or can it also be theft by false pretenses (the type of theft defendant committed), as the Attorney General contends? According to the Court of Appeal, which upheld defendant’s robbery convictions, theft by false pretenses can…

"Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” (Pen. Code, § 211.) 1 As this court has explained, “[r]obbery is larceny with the aggravating circumstances that ‘the property is taken from the person or presence of another . . .’ and ‘is accomplished by the use of force or by putting the victim in fear of injury.’ (People v. Gomez (2008) 43 Cal.4th 249, 254, fn. 2 [ 74 Cal.Rptr.3d 123 , 179 P.3d 917 ].)” (People v. Anderson (2011) 51 Cal.4th 989, 994 [ 125 Cal.Rptr.3d 408 , 252 P.3d 968 ] (Anderson).) “The crime of robbery is a continuing offense that begins from the time of the original taking [and does not end] until the robber reaches a place of relative safety.” (People v. *791 Estes (1983) 147 Cal.App.3d 23, 28 [ 194 Cal.Rptr. 909 ] (Estes).) Hence, where the property is peacefully acquired, but force or fear is then used to facilitate the carrying away of the loot or the making good of an escape before the thief has reached a place of temporary safety, the crime is transformed into robbery. (Anderson, at p. 994; People v. Gomez, supra, 43…

Filed 8/26/13

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE, )

) Plaintiff and Respondent, ) ) S195187 v. ) ) Ct.App. 2/7 B222845

DEMETRIUS LAMONT WILLIAMS, )

) Los Angeles County Defendant and Appellant. ) Super. Ct. No. MA046168 ____________________________________)

Defendant used re-encoded payment cards to buy gift cards at a department store. After the store‟s security guards were alerted to the scam, they asked defendant to show them the gift card receipts and the payment cards used. Defendant did so. When he was told that the numbers on the cards did not match those on the receipts, he began walking away, ignored the security guards‟ requests to stop, and then shoved one of the guards. After a brief struggle, defendant was handcuffed. Defendant was later charged with and convicted of several offenses, including, as relevant here, robbery and theft. He here challenges his robbery convictions. An element of robbery is the “felonious taking of personal property in the possession of another . . . .” (Pen. Code, § 211,…