Prieto

People v. Prieto

Good Law
15 Cal. App. 4th 210·18 Cal. Rptr. 2d 761·1993 Cal. App. LEXIS 465·93 Daily Journal DAR 5335·93 Cal. Daily Op. Serv. 3182
Court of Appeal of CaliforniaApril 27, 1993B067966California1,793 words

Opinion

Opinion

Woods, J.

If a defendant, by force, takes two purses from a purse owner while the other purse owner, four to five feet away, shouts “What are you doing? Stop!,” may the defendant be convicted of two counts of robbery? Our answer is yes. We affirm the judgment.

Factual and Procedural Background

The facts may be stated simply. Our perspective favors the judgment. (People v. Barnes (1986) 42 Cal.3d 284, 303-304 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ].)

On December 31, 1991, at 10 a.m., Lorraine Dingman, a paraplegic, parked her car in the large Pico Rivera indoor swap meet parking lot. Her employer, Carolina Pantoja, also having just arrived for work, helped Ms. Dingman into her wheelchair. Ms. Pantoja gave Ms. Dingman her purse to hold so she could push Ms. Dingman’s wheelchair. Ms. Dingman put both purses on her lap. The two women were accompanied by Ms. Pantoja’s two young sons, one of whom was carrying a carpet sweeper. As Ms. Pantoja “was wheeling her [Ms. Dingman] in” they stopped because Ms. Pantoja’s son “started having trouble with the carpet sweeper.”

Appellant approached from Ms. Pantoja’s right, bent over Ms. Dingman, and grabbed both purses. Ms. Dingman held on to them.…

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