What is the test for establishing force for the purpose of robbery conviction?
California, United States of America
The following excerpt is from People v. Mullins, 19 Cal.App.5th 594, 228 Cal.Rptr.3d 198 (Cal. App. 2018):
To establish force for the purpose of a robbery conviction, "something more is required than just that quantum of force which is necessary to accomplish the mere seizing of the property." ( People v. Morales (1975) 49 Cal.App.3d 134, 139, 122 Cal.Rptr. 157.) But the degree of force need only be sufficient to overcome the victim's resistance. ( People v. Clayton (1928) 89 Cal.App. 405, 411, 264 P. 1105.)
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