Lescallett

People v. Lescallett

Caution
123 Cal. App. 3d 487·176 Cal. Rptr. 687·1981 Cal. App. LEXIS 2072
Court of Appeal of CaliforniaSeptember 4, 1981Crim. 21360California1,528 words

Opinion

Opinion

Elkington, J.

A jury found defendant Darrell Lescallett, Jr., guilty of robbery. He appeals from the judgment which was entered upon the jury’s verdict.

We affirm the judgment for reasons which follow.

The several appellate contentions are stated as they are phrased by Lescallett.

I.

Contention: “The evidence of the ‘force or fear’ element of robbery is legally insufficient to support appellant’s conviction of that crime.”

The offense which was proved to the jury’s satisfaction may be described as a “purse-snatching.” The case had been given to the jury on the theory of grand theft from the person (Pen. Code, § 487, subd. 2) or in the alternative, robbery (i.e., “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). The jury, as noted, found the crime to be robbery.

In support of the instant contention Lescallett argues that: “The evidence of ‘force or fear’ is legally insufficient to support appellant’s robbery conviction.”

The relevant testimony of the victim of Lescallett’s crime follows: “... I, all of a sudden, I saw someone, a fellow…

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