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Name: People v. Cooksey
Case #: B146852
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 02/07/2002
Subsequent History: Rehg. denied 3/1/02. Rev. denied 5/15/02.
Summary

Appellant took a purse from the victim after a two minute struggle. Witnesses testified that it looked like appellant was “wrestling” with the victim. Appellant was convicted of robbery, and on appeal, argued that the jury should have been instructed on the lesser included offense of grand theft from the person. The appellate court here affirmed. The evidence supported all the elements of robbery, including force. There was no substantial evidence defendant committed only the crime of grand theft from the person.