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2nd Robbery Conviction Reversed due to Prosecutor's Misstatement of Law

People v. Collins Court: California Courts of Appeal, Docket: B304853 (Second Appellate District), Opinion Date: June 10, 2021. The Court of Appeal reversed defendant's second degree robbery conviction, concluding that the prosecutor misstated the law; the victim repeatedly denied being actually afraid; the jury instruction, CALCRIM No. 1600, does not speak to this issue; and the trial court rejected defendant's entreaty to give a supplemental instruction in favor of letting the jury "sort that out." Because there was substantial evidence to sustain a finding of guilt, the court remanded for further proceedings. In this case, there was substantial evidence from which a reasonable jury could find beyond a reasonable doubt that the assistant manager was actually afraid of defendant at the time he allowed defendant to leave the store with Walgreens's merchandise.


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