People v. Mireles

A merchant does not consent to the sale of an item where the ostensible purchaser has deceived the merchant as to what is the subject of the transaction. The Court of Appeal affirmed defendant's second degree robbery conviction. In this case, defendant went to Home Depot, placed a UPC sticker for a $4.47 bottle of roach killer on a $39.98 bottle of weed killer, paid $4.47 at a self-checkout station for the $39.98 product, and walked out of the store. The court held that Home Depot did not willingly consent to sell to defendant a $39.98 bottle of weed killer for $4.47. Therefore, defendant's conduct constituted robbery. The court also held that the trial court did not err with respect to the challenged evidentiary and discovery rulings. View "People v. Mireles" on Justia Law