By Bob Walsh
The Second District Court of Appeals in L A just upheld a very interesting robbery conviction. Jose Aguilera had snatched his wife’s cellphone. He asserted that his possession of it was only brief and temporary and pointed out that the cellphone was community property that he had in fact paid for. The D A insisted that taking of property from the person of another by force or fear is in fact robbery in CA. Aguilera was convicted, and just lost the appeal.
The two had been at a party in 2014 and the wife wanted to leave. She went to the car and locked herself in. He smashed a window and tried to pull her out of the car until he was restrained by other partygoers. He did manage to snag her cellphone. He had priors for thumping on his wife and got one year county time for his transgression, which probably translated as about four days in actual custody.
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