WOODLAND, Calif. — A shoplifting allegation at a Davis grocery store came before Yolo County Superior Court on Wednesday as a felony robbery case, with the defense arguing the facts described in the probable cause declaration do not support a violent robbery charge.
The accused was arraigned July 2 before Judge Danette C. Brown on one felony count of second-degree robbery, one felony count of petty theft with two prior convictions and an enhancement for circumstances in aggravation. The accused pleaded not guilty to all counts and denied the enhancement.
Deputy Public Defender Sarah MacDonald told the court the probable cause declaration described conduct that was closer to a theft than a violent crime. Reading from the declaration, DPD MacDonald said the incident appeared to involve the accused throwing items back toward a loss prevention officer, rather than using force to take property. Under California law, robbery requires the use of force or fear to take property from another person.
“What it appears to be is more in the essence of like an Estes, not particularly violent,” DPD MacDonald said, referring to a category of robbery that arises when force is used only after a theft during an attempt to escape. She argued the throwing of items could reasonably be interpreted as an effort to return merchandise, not an assault.
Deputy District Attorney Robin Johnson did not dispute that characterization but maintained the charge was still legally valid. “I do not disagree that this is an Estes robbery, but it is still a robbery,” DDA Johnson said, noting the court must treat the charges as true for purposes of the hearing.
DDA Johnson opposed releasing the accused, citing two grants of felony probation out of Sacramento County and a $50,000 warrant out of Ventura County. She argued the accused had demonstrated an unwillingness to comply with court orders and asked the court to set bail to ensure the accused’s return.
DPD MacDonald countered that the accused could not afford bail and requested release on the accused’s own recognizance, arguing less restrictive conditions could both protect the public and ensure the accused’s appearance.
Despite the prosecution’s opposition, Judge Brown released the accused on the accused’s own recognizance with conditions to obey all laws, remain searchable for stolen property, stay away from the Nugget Market on Mace Boulevard in Davis and comply with the terms of the Sacramento County probation.
The searchable condition, which allows law enforcement to search the accused for stolen property during any stop, is typically associated with theft offenses. The accused has not been convicted in this case.
The gap between what the probable cause declaration describes and what the accused is charged with is at the center of this case. The defense characterized the conduct as a theft, while the prosecution acknowledged the robbery was an Estes robbery, the least aggravated form of robbery, while insisting the charge remain.
That distinction carries significant consequences. Second-degree robbery is a violent felony under California law and may qualify as a strike offense. Petty theft, even with prior convictions, does not carry the same potential penalties. The difference shapes the accused’s incentives at every stage of the case, including whether to accept a plea agreement rather than risk trial on the more serious charge.
The accused is scheduled to return July 16 at 9 a.m. in Department 8 for a preliminary hearing preconference, where the strength of the robbery charge may be be tested.
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