P. v. Youmtoub
Like many who visit the wineries of Napa County, appellant Sam Youmtoub decided to sample a local vintage. The winery he chose, however, was closed to the public at the time he decided to enter, and the wine he selected was taken without the owner's permission. As he exited the winery, he encountered the owner, who objected to Youmtoub's after-hours self-guided wine tour and pursued Youmtoub as he fled, apprehending him over his forcible objection and detaining him until the police arrived.
A jury convicted Youmtoub of burglary and trespass, as well as assault with a deadly weapon (a rock) and battery upon the owner during the struggle between them. He argues the trial court erred in failing to instruct the jury that he had no duty to remain passive when he was detained unless he knew or had reason to know that he had been placed under a citizen's arrest. We conclude the claim of error was forfeited and, in any event, Youmtoub suffered no prejudice. We affirm the judgment.
Comments on P. v. Youmtoub