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This section contains the nature of the case and procedural background.

D broke into a restaurant. He then covered two surveillance cameras with duct tape, and pried open and took money from an ATM in the lobby. D then went to the manager's office on the second floor. He forced open the desk and file drawers, but found no cash. As he went back downstairs, D heard the manager, Baltazar, unlock the front door. D took a handgun from his backpack, placed it in his waistband, and walked to the restaurant's kitchen. Baltazar noticed the alarm had been deactivated and the ATM was damaged. He heard a noise in the kitchen and saw the glow of a flashlight. He went outside, got in his truck, and called 911. While speaking to the police, Baltazar saw D leave by a side door and walk away. Baltazar drove behind D while on the phone with the dispatcher. Baltazar followed from 100 to 150 feet away. D noticed and fired two shots at him just to scare Baltazar. Baltazar quickly drove away. D was arrested with money from the ATM in his backpack. D was convicted of second-degree robbery and commercial burglary. D was found guilty of being armed during the burglary and firing a gun during the robbery. D was sentenced to three years in prison for the robbery, with 20 years for the gun enhancement. D appealed, claiming there was no robbery because the victim was not present when D initially took the money. The court held that D's use of force to retain the stolen property and remove it from Baltazar's immediate presence was sufficient to support the robbery conviction. D appealed.

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