California Court of Appeal
8 Cal.Rptr.3d 872 (2004)
While at the beach, Jose Higareda hung his pants on a hook in a public restroom stall so that he could change into swimming trunks. Higareda’s pants contained a cell phone, keys, and Velcro wallet containing over $200 in cash. Higareda exited the stall, leaving his pants on the stall’s hook. After walking out of the restroom, Higareda realized his mistake, walked back inside, and discovered that his pants were missing. Higareda heard Velcro being opened in an adjacent stall by Matthew Miller (defendant). Higareda waited 15 to 20 minutes for Miller to exit the stall. Eventually, Higareda’s friend entered the restroom to check on Higareda and demanded that Miller return Higareda’s property. Miller reluctantly exited the stall and attempted to force his way past Higareda and his friend. Miller was detained and later arrested with Higareda’s cash. Miller was charged with robbery. Miller filed a pretrial motion to dismiss the robbery charge, arguing that he did not take the cash in the presence or from the person of Higareda by force or fear of immediate bodily injury. The trial court denied Miller’s motion. Miller petitioned for a writ of prohibition against the trial court’s order.
Rule of Law
Holding and Reasoning (McIntyre, J.)
Dissent (McDonald, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 222,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.