This section contains the nature of the case and procedural background.

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.

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