People v. Williams

Facts

D entered a Walmart department store and using either a MasterCard or a Visa payment card, which was re-encoded with a third party's credit card information, D bought a $200 Walmart gift card from a recently hired cashier, who was filling in for a cashier on a break. D tried to buy three more gift cards from the same cashier. The regular cashier came back and, after learning of the previous transaction, told D of Walmart's policy prohibiting the use of credit cards for purchases of gift cards. D was permitted to keep the $200 gift card he had initially bought. D went to a different cash register and again presented a re-encoded payment card to buy another $200 gift card. A security guard, accompanied by another guard, asked D for the receipt and payment card used. Defendant complied. When told that the payment card's last four digits did not match those on the receipt, D produced two other re-encoded payment cards, but their numbers did not match those on the receipt either. D began walking toward the exit. When told to stop, he produced yet another re-encoded payment card, but this card's last four digits also did not match those on the receipt. D continued walking toward the exit and pushed one of the guards, dropped some receipts. D started running away. The guards wrestled D to the ground and handcuffed him. D had four payment cards issued by MasterCard and Visa. D also had several gift cards from Walmart and elsewhere. D was charged in part with four counts of second degree robbery. D was found defendant guilty and the trial court sentenced him to a total prison term of 23 years eight months. The Court of Appeal reversed D's forgery convictions. It affirmed the judgment. D appealed. D argues his robbery convictions should be reversed because robbery requires theft by larceny, whereas the theft he committed was by false pretenses.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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