Dissenting. — Whether the crime Galoia committed was a robbery may only be determined after consideration of all the circumstances surrounding the event and a presumption in favor of the verdict. (See People v. Jones (1990) 51 Cal.3d 294, 314 [270 Cal.Rptr. 611, 792 P.2d 643].) Focusing on the force Galoia used at the moment of taking the property, or limiting the review to just an analysis of Steadman’s status, is like placing blinders on a horse: it may very well move forward as the driver commands, but it cannot see the whole picture.
It is undisputed that a robber can commit a robbery without a show of force at the time of the taking as long as force is exerted later to retain the stolen goods. (See People v. Cooper (1991) 53 Cal.3d 1158, 1164-1165 [282 Cal.Rptr. 450, 811 P.2d 742].) And there are circumstances when the actual, or constructive, owner of the goods need not be the person from whom the property is taken. For instance, in People v. Moore (1970) 4 Cal.App.3d 668 [84 Cal.Rptr. 771], two girls were running a store for its owner. They were held up, but thought the robber was only joking when he demanded the store’s money. The mother of one happened to appear and understood *600immediately what was going on. She obeyed the robber by withdrawing the cash from the register and handing it to him. Unquestionably, the mother held no greater property interest in the money than did Steadman. Just because she touched the money as she handed it to Moore, it did not magically transform into her property. The crux was Moore’s conduct in relation to the mother: he demanded the money — she obeyed.
Sykes v. Superior Court (1994) 30 Cal.App.4th 479 [35 Cal.Rptr.2d 571] is distinguishable on its facts. In Sykes, the property was taken from no one’s presence; Sykes took the saxophone after burglarizing a closed business. A Good Samaritan across the street happened to see him leave and gave chase. The Good Samaritan acted on his own throughout the ordeal. In the case before us, Galoia grabbed the beer from the cashier — the constructive owner of the property — and used threats and force to retain it from Steadman who came to the aid of the cashier. The distinguishing fact is what the Sykes opinion pivoted on: the relationship between the third party and the owner, and that the property was actually taken from the presence of the owner.
The majority’s attempt to distinguish People v. Estes (1983) 147 Cal.App.3d 23 [194 Cal.Rptr. 909] on the basis that Steadman was an independent contractor as opposed to an employee defies common sense and ignores reality in the business world. If this be the law, no retail establishment which contracts with a private security firm to provide guards is safe from robbers and highwaymen. Steadman had as much economic interest in the continued financial viability of this convenience store as any minimum-wage clerk. The Attorney General’s argument is to my mind compelling.
Galoia grabbed the property from the cashier and used the necessary force against Steadman to retain it. Looking at the situation in its entirety and applying mere common sense, Galoia committed a robbery. He knew what he was doing. He should not suddenly be less a robber simply because he threatened a subcontractor to the business instead of the mother of an employee. I would affirm the judgment.
Respondent’s petition for review by the Supreme Court was denied March 16, 1995.