SERIES 1600 ROBBERY AND CARJACKING
F 1601.5 Robbery In Concert—Elements And Definitions
F 1601.6 Robbery In Concert—Defense Theories
TABLE OF CONTENTS
F 1601.5 Robbery In Concert—Elements And Definitions
F 1601.5 Inst 1 Robbery In Concert: Include Requirements Of Predicate Crime
F 1601.5 Inst 2 Robbery In Concert: Include Definition Of Inhabited Dwelling In Specification Of Elements
F 1601.5 Inst 3 Robbery In Concert: Home Invasion—Requirement That Three Or More Persons Actually Enter The Inhabited Dwelling
F 1601.6 Robbery In Concert—Defense Theories
F 1601.6 Inst 1 Argumentative Language Should Be Balanced To Assure Jurors Consider All Relevant Evidence
F 1601.7 Robbery In Concert—Preliminary Fact Issues [Reserved]
F 1601.8 Robbery In Concert—Unanimity/Duplicity/Multiplicity [Reserved]
F 1601.9 Robbery In Concert—Lesser Offense Issues [Reserved]
Return to Series 1600 Table of Contents.
F 1601.5 Robbery In Concert—Elements And Definitions
F 1601.5 Inst 1 Robbery In Concert: Include Requirements Of Predicate Crime
*Modify CC 1601, Element 1, as follows:
To prove this element true the prosecution must prove all of the following beyond a reasonable doubt:
[Insert all required elements of robbery and aiding and abetting if appropriate.]
[Delete paragraph 6.]
Points and Authorities
See FORECITE F 402.5 Inst 6.
F 1601.5 Inst 2 Robbery In Concert: Include Definition Of Inhabited Dwelling In Specification Of Elements
*Modify CC 1601, Element 3, as follows [added language is underlined; deleted language is stricken]:
3. The robbery was committed in an inhabited a (dwelling/vessel/floating home/trailer coach/part of a building) in which someone was currently living and who either was present or who had left but intended to return.
Delete paragraph 3, as follows [deleted language is stricken]:
A (dwelling/vessel/floating home/trailer coach/part of a building) is inhabited if someone lives there and either is present or has left but intends to return.
Points and Authorities
See FORECITE F 3500.2 Inst 1.
F 1601.5 Inst 3 Robbery In Concert: Home Invasion—Requirement That Three Or More Persons Actually Enter The Inhabited Dwelling
*Add to CC 1601:
4. Three or more persons entered the inhabited dwelling house [or] [the inhabited portion of any other building].
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Three Or More Person Requirement—In 1994, PC 213 was amended to provide additional punishment for a residential robbery which is committed “in concert with two or more persons …” (PC 213(a)(1)(A).) Given the legislative history underlying the amendment, it is clear that an element of the offense is that at least three people must enter the premises.
The contemporaneous analysis of the bill reveals that the Legislature wanted to deter “home invasion style robberies.” (Senate Floor Analysis of AB 779 (1993-1994 Reg. Session, p. 1.) Specifically, the bill was aimed at “invasions which are an aggravated kind of property theft and intimidation executed by groups of persons acting in concert who enter into people’s homes to terrorize them.” (Id., at p. 2.)
Given this purpose, section 213 requires proof that at least three people entered the residence. Absent such proof, the purpose underlying the statute cannot possibly be satisfied (i.e. there has been no “home invasion” by a group). (People v. Craft (1986) 41 C3d 554, 559; statute must be construed in a manner consistent with its purpose.)
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
CALJIC NOTE: See FORECITE F 9.42.1b.
F 1601.6 Robbery In Concert—Defense Theories
F 1601.6 Inst 1 Argumentative Language Should Be Balanced To Assure Jurors Consider All Relevant Evidence
*Add to CC 1601, paragraph 7, if it is not deleted (see FORECITE F 1601.3 Inst 1):
However, whether or not there was a prearranged plan or scheme is a factor to evaluate in determining whether the prosecution has met its burden of proving all essential facts and elements of robbery in concert beyond a reasonable doubt.
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 1601.7 Robbery In Concert—Preliminary Fact Issues[Reserved]
F 1601.8 Robbery In Concert—Unanimity/Duplicity/Multiplicity [Reserved]
F 1601.9 Robbery In Concert—Lesser Offense Issues[Reserved]
