Posted On: April 11, 2009
CALIFORNIA CRIMINAL LAW: ROBBERY OR GRAND THEFT PERSON?
This is a bad case on the difference between grand theft person and robbery. We say that a purse snatch is grand theft person. Is it? This Court of Appeal says that the issue is whether the defendant uses force to overcome the victim's resistance. Here the victim tried to hold onto the purse and the defendant overcame that resistance and stepped on the victim's foot, and that made this robbery, justifying the court's refusal to give an instruction on grand theft person.
Adding a step on the foot elevates the purse snatching to robbery. Hmmm.
People v. Burns; 2009 DJ DAR 5159; DJ, 4/9/09; C/A 2nd, Div. 4
Bookmark: 
