Trial court's conviction of defendant for robbing a jewelry store is affirmed as, when the owner of a store consents to an "inside job" robbery that occurs while the store is under the control of employees who are unaware of the owner's plan, the owner's consent does not vitiate the felonious taking element of robbery. Thus, if the property that is taken was in the possession of the owner's innocent employees or agents, that is sufficient to make the taking felonious, even if the owner himself is secretly in league with the perpetrators.
Filed September 29, 2009
Opinion by Judge Ruvolo
For Appellant: First District Appellate Project, Hilda Ellen Scheib
For Appellee: Edmund G. Brown Jr., Attorney General of the State of California, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Stan Helfman, Supervising Deputy Attorney General, Jeffrey M. Laurence, Deputy Attorney General