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People v. Gomez

43 Cal. 4th 249, 179 P.3d 917 (2008)

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People v. Gomez

California Supreme Court
43 Cal. 4th 249, 179 P.3d 917 (2008)

Facts

Alfonso Gomez (defendant) broke into a restaurant, covered two surveillance cameras with duct tape, and pried open and extracted money from an ATM. The restaurant’s manager, Ramon Baltazar, arrived on the scene and noticed Gomez attempting to flee. Baltazar attempted to follow Gomez, but Gomez, who was armed, fired two shots at Baltazar. Gomez was arrested, tried before a jury, and convicted of second-degree robbery and commercial burglary. Gomez appealed, arguing that the state (plaintiff) failed to prove the crime of robbery, because Baltazar was not present when Gomez took the money. The appellate court affirmed. Gomez again appealed. The California Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Corrigan, J.)

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