Estes Robbery

Estes Robbery

RC Phillips, DDA (Ret.)
October, 2021

This P&A examines two areas of robbery.

      1)  First, what is a “special relationship” for purposes of constructive possession   The P&A looks at takeover robberies at businesses as well as robberies in other contexts.

      2)  Second, when does force used in the course of a shoplifting transform the theft into an Estes robbery   The P&A examines what is an Estes robbery, what is mistaken for an Estes robbery, as well as recent California Supreme Court cases that expand and restrict variations on an Estes robbery, and the impact of Prop 47 on charging Estes robberies.

I.  Constructive Possession and Robbery

A.  General Principles

      1.  For robbery, property must be taken from the possession and immediate presence ....