Robbery; the Force or Fear Element

• Robbery and the Element of the Victim’s Fear:
• CALCRIM No. 1600; Force or Fear

To constitute a robbery, it must be proved that the victim himself gave up personal property out of fear.  It is insufficient that a reasonable person, in the same or similar circumstances, would have been afraid.

Defendant Jesse Quincy Collins entered a Walgreens store in South Gate on May 2, 2019, bringing with him an empty bag.  An employee observed him “stuff(ing)” his bag with deodorant and shaving supplies.  The employee notified the store’s assistant manager, Amir Hasan.  Hasan approached defendant and, while standing some three feet from him, “quietly” and “discreetly” suggested to defendant that he needed to either pay for the items in his bag or put them back. Defendant suggested a third alternative; i.e. that Hasan just let him take the items.  He was told “no,” that was not an option.  Hearing this disappointing news, defendant attempted to push Hasan out of the way.  Hasan took a step back and told defendant; “Don’t touch me.”  Defendant proceeded to pull an already opened folding knife from his pocket, showing it to Hasan as if to say:  “This is what I got and you all ain’t going to be able to do nothing.”  Upon seeing the knife, Hasan took another step back from defendant and allowed him to exit the store with the bag full of unpurchased merchandise.  Defendant was subsequently arrested (the circumstances of which were not included in the case decision) and charged in state court ....