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F 9.42 n1 First Degree Robbery: Definition Of “Inhabited” (PC 212.5).
See FORECITE F 14.52a re: modification to CALJIC definition of inhabited.
F 9.42 n2 First Degree Robbery: Inhabited Vessel (PC 212.5).
Effective January 1, 1990, PC 212.5 provides that a robbery which is perpetrated in “a vessel, as defined in HN 21, which is inhabited and designed for habitation … is robbery of the first degree.”
See FORECITE F 14.52a regarding the definition of “inhabited.”
F 9.42 n3 First Degree Robbery: Inhabited Dwelling Includes Defendant’s Own Residence (PC 212.5).
In People v. Gauze (75) 15 C3d 709, 714 [125 CR 773], it was held that the defendant may not be convicted of burglarizing his or her own residence. However, in People v. Alvarado (90) 224 CA3d 1165 [274 CR 452], the Court of Appeal held that the considerations of Gauze with respect to burglary do not apply as to robbery. Accordingly, the Court of Appeal found no compelling reason to PC 212.5 relating to robbery of an inhabited dwelling when the dwelling is the defendant’s own residence.
F 9.42 n4 First Degree Robbery: Inhabited Floating Home Added To Statute (PC 212.5).
Effective 1/1/94, robbery committed in an inhabited floating home is robbery of the first degree. (PC 212.5.)
F 9.42 n5 First Degree Robbery: Not Applicable To A “Camper.”
PC 212.5 permits liability for first degree robbery upon perpetration of the robbery in an “uninhabited dwelling house…[or]…a trailer coach, as defined in the Vehicle Code, which is inhabited….” In People v. Smith (95) 33 CA4th 1586, 1598 [40 CR2d 31], the court concluded that a “camper” is not a “trailer coach” as defined in the Vehicle Code and, hence, a robbery which occurs in a camper is not first degree robbery.
F 9.42 n6 First Degree Robbery Of ATM Customer: Knowledge Of Victim’s Status Not Required.
Because 212.5(b) merely enhances punishment when the victim was an ATM customer, there is no requirement that the defendant have subjective knowledge that the victim was an ATM customer. (People v. Ervin (97) 53 CA4th 1323, 1330-31 [62 CR2d 231].)