Miller v. Superior Court
California Court of Appeal
8 Cal.Rptr.3d 872 (2004)
Jose Higareda hung his pants, containing a phone, keys, and over $200 in cash, on a public restroom stall hook while changing into swim trunks at the beach; after leaving and realizing his mistake, he returned to find his pants missing and heard Velcro being opened in the adjacent stall by Matthew Miller (defendant). Higareda waited 15 to 20 minutes for Miller to emerge, and when Miller finally tried to force his way past Higareda and a friend who had come to check on him, Miller was detained and arrested with Higareda's cash. Miller, charged with robbery, moved to dismiss the charge on the ground he had not taken the cash in Higareda's presence or from his person by force or fear, and the trial court denied the motion; Miller petitioned for a writ of prohibition.
Whether the immediate-presence element of robbery may be established by showing that the defendant took personal property in an area where the victim could have expected to retain control over the property.