SERIES 1600 ROBBERY AND CARJACKING
F 1600.1 Titles And Identification Of Parties
F 1600.1 Inst 2 Identification Of Prosecution And Defendant
F 1600.3 Robbery—Language That Is Argumentative, Confusing, Etc.
F 1600.4 Robbery—Burden Of Proof Issues
TABLE OF CONTENTS
F 1600.1 Titles And Identification Of Parties
F 1600.1 Inst 1 Robbery—Title
F 1600.1 Inst 2 Identification Of Prosecution And Defendant
F 1600.2 Robbery—Tailoring To Facts: Persons, Places, Things And Theories
F 1600.2 Inst 1 Tailoring To Facts
F 1600.2 Inst 2 Tailor To Facts: Element 5 When Store Or Business Employee Is Alleged Victim
F 1600.3 Robbery—Language That Is Argumentative, Confusing, Etc.
F 1600.3 Inst 1 Deletion Of Argumentative Language
F 1600.4 Robbery—Burden Of Proof Issues
F 1600.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
Return to Series 1600 Table of Contents.
F 1600.1 Titles And Identification Of Parties
F 1600.1 Inst 1 Robbery—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1600.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 1600.2Robbery—Tailoring To Facts: Persons, Places, Things And Theories
F 1600.2 Inst 1 Tailoring To Facts
*Modify CC 1600 as follows [added language is underlined; deleted language is stricken]:
[Change “another person” or “person” to “_______________ <name of alleged victim>“
[Change “property” to “[property]” or “[_______________<description of property>“]
Points and Authorities
See FORECITE F 400.2 Inst 1.
F 1600.2 Inst 2 Tailor To Facts: Element 5 When Store Or Business Employee Is Alleged Victim
*Replace CC 1600, Element 5, as follows:
5. The defendant gained possession of the [property] [____________<description of alleged property>] from:
A. ____________ <name of store or business>;
AND
B. _________<name of employee> was an (employee/ ____________ <insert description> of _______________ <name of store or business>;
AND
C. _______________ <name of employee> was a representative of the owner of the property;
AND
D. _______________ <name of alleged victim> expressly or impliedly had authority over the [property] [__________<description of alleged property>].
Points and Authorities
See generally FORECITE F 3500.2 Inst 1; see also People v. DeFrance (2008) 167 CA4th 486, 497 [person in possession of the property must have a “special relationship with the owner. . .”].
F 1600.3 Robbery—Language That Is Argumentative, Confusing, Etc.
F 1600.3 Inst 1 Deletion Of Argumentative Language
*Modify CC 1600, paragraph 4, as follows [deleted language is stricken]:
[A person takes something when he or she gains possession of it and moves it some distance. The distance moved may be short.]
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 1600.4 Robbery—Burden Of Proof Issues
F 1600.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
