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Calatty will you answer this for me?

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M

Mom4Sons

Guest
You answered my first question, hoping you will answer this. (I changed my user name from CatEyes since my first question). To refresh your memory: My son was convicted of 211 Robbery in Calif. I had asked if it sounded more like Theft, you agreed. Okay, now I'm being told that the 'immediate presence' was when the person saw my son running in the parking lot with her purse (he had taken it from our upstairs apartment, she was downstairs in the parking lot). I still feel it was theft because when he 'took' the purse she wasn't around. There was no force and obviously no fear because she ran after him. What do you say?
 


calatty

Senior Member
Given those facts, an attorney might argue insufficiency of evidence of force or fear on appeal. It depends what a careful reading of the transcript of the trial shows.
 

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