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Name: People v. Gunter
Case #: B196075
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 11/06/2007
Subsequent History: 2/13/08 rev. granted (S158890)

Although the perpetrator may peacefully acquire the victim’s property, the theft elevates to a robbery when he then prevents recovery of the property by force of fear. (People v. Estes (1983) 147 Cal.App.3d 23; People v. Cooper (1991) 53 Cal.3d 1158.) Appellant took property from a store and then ignored the store employees request to return to the store. When a mall security guard responded and told appellant that he was going to take him back to the store, appellant attempted to hand some of the property to the guard but then pushed the guard and ran. Appellant then dropped the property at the mall exit door and ran outside where he was apprehended in the parking lot. Appellant was convicted of robbery at his jury trial. The appellate court found that the robbery occurred when appellant pushed the guard and prevented him from recovering the property.