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Criminal Law Keyed to Lee
Miller v. Superior Court
Citation:
115 Cal.App.4th 216, 8 Cal.Rptr.3d 872 (2004)Facts
Higareda went into a public restroom to change into his bathing suit. He entered a stall and hung up his pants, which contained his wallet, cell phone, and keys. As he was changing, Miller walked into the restroom and entered the stall directly across from Higareda.
Higareda left the restroom in his bathing suit and forgot his pants hanging in the stall. After taking a few steps outside of the restroom, he realized this and went back to the stall only to discover that his pants were missing. Higareda began looking under the doors of the other stalls to find them, and he heard the sound of someone opening velcro from the stall directly across from the one where he had left his pants.
Higareda became suspicious because his wallet had a velcro fastener. Higareda looked over the top of Miller’s stall and Miller asked what he was doing. Higareda told him that someone stole his pants and Miller told him to report it to a lifeguard. Higareda waited outside of Miller’s stall for 15-20 minutes, but Miller did not get out of the stall.
Eventually, Higareda’s friend entered the restroom and Higareda told him that he thinks Miller stole his pants. The friend knocked on Miller’s stall and told him to give the stuff back. they exchanged words, and eventually Miller attempted to leave the restroom. The two blocked Miller from leaving and a scuffle occurred. The friend placed Miller in a headlock and Miller gave Higareda his wallet.
Miller was arrested and charged with robbery. He filed a motion to dismiss, arguing that the evidence did not establish that he took the property from Higareda’s person or immediate presence. The superior court denied it, and he appealed.
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