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People v. Mungia

California Courts of Appeal
286 Cal. Rptr. 394 (1991)


Facts

Margret Hogeland, who was eight months pregnant, was leaving a store with her young daughter. Ms. Hogeland was holding her daughter by the hand and had her purse strap over her right shoulder. As she approached her car, Mungia (defendant) approached her from behind, shoved her on the shoulder, and then grabbed her purse. Ms. Hogeland had not seen or heard Mungia before he shoved her. Ms. Hogeland screamed and chased him, noted his clothing and physical characteristics, and then memorized the license-plate number of the car he escaped in. Based on her information, the police quickly arrested Mungia. Mungia was charged with robbery. The jury was allowed to hear evidence that Ms. Hogeland was eight months pregnant at the time of the crime, and Mungia was convicted. Mungia appealed, alleging that there was insufficient evidence of force or fear to support a charge of robbery.

Rule of Law

Issue

Holding and Reasoning (Timlin, J.)

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