Can appellant's prior convictions for assault and robbery be used as evidence for the purposes of the crime of robbery?

California, United States of America


The following excerpt is from People v. Reynolds, 232 Cal.App.3d 1528, 284 Cal.Rptr. 356 (Cal. App. 1991):

Similarly, appellant's three Missouri robbery convictions cannot be used because intent to steal also was not an element of the crime of robbery under Missouri law at the time of his prior convictions. Former section 560.120 of the Revised Statutes of Missouri defined robbery as "taking the property of another from his person, or his presence, and against his will, by violence to his person, or by putting him in fear of some immediate injury to his person." An intent to permanently deprive the owner of possession was not [232 Cal.App.3d 1533] an element of the offense. (State v. Kennebrew (Mo.1964) 380 S.W.2d 293, 295.)

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