People v. Shaw CA4/2

I. FACTUAL AND PROCEDURAL HISTORY

On January 18, 1993, a Kmart store loss prevention officer (the victim) was

alerted to a woman seen shoplifting. The victim saw the woman packing clothes into a

duffle bag which belonged to the Kmart store. The woman left the store with the duffle

bag and the victim attempted to stop her. The woman resisted and the two became

embroiled in a struggle. The victim identified defendant as the individual who then

grabbed “her shoulder and the back of her head holding onto her hair.” Defendant then

grabbed her and rammed her “head first into the exterior wall of the K-Mart three times

All further statutory references are to the Penal Code unless otherwise indicated.

2 . . . .” The victim obtained, and provided to the police, the make, model, color, and

license plate of defendant’s car as he drove away with the woman inside. The victim

believed defendant had been waiting outside for the woman.

On January 25, 1993, the People charged defendant by felony complaint with

second degree robbery by means of force and fear. The complaint specifically reflected

the offense was “a serious felony within the meaning of . . . Section 1192.7[,…