Tag Archives: CC 1600

CC 401 Erroneously Allows the Jurors to Consider the Defendant’s Presence During the Crim or Failure to Prevent the Crime to Find the Actus Reus of Aiding and Abetting Liability
March 2nd, 2022

In People v. K.M. (In re K.M.) ___ Cal App ___ (Feb. 17, 2022, A159962) [pp. 5-7] the prosecution asserted that K.M. was guilty of aiding and abetting a robbery because his very presence at the scene of the crime assisted the perpetrator of the robbery. However, the reviewing court correctly reversed the judgement because […]

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CSC to Consider What Standard of Prejudice Applies to Instructional Error on Defense Theory
July 26th, 2021

In People v. Hendrix REV. GTD. 1/20/21 S265668 (B298952; 55 Cal.App.5th 1092) the defendant told police that he entered the victim’s backyard and tried to force entries believing this to be his cousin Trevor’s house. The reviewing court acknowledged that appellant if subjectively believed that he was at Trevor’s house, the jury could, in theory, […]

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Residential Robbery is a Lesser Included Offense of Home Invasion Robbery
July 2nd, 2018

Multiple convictions may not be based on necessarily included offenses based on one criminal act. (See, e.g., People v. Moran (1970) 1 Cal.3d 755, 763 [“If the evidence supports the verdict as to a greater offense, the conviction of that offense is controlling, and the conviction of the lesser offense must be reversed”].) In People […]

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Is Larcenous Intent an Element of Robbery?
September 12th, 2016

For decades CALJIC 9.40 has relied on the literal language of PC 211 to define the specific intent required for robbery as an intent to permanently deprive the possessor of the property that is taken. However, this definition is erroneous because robbery requires an intent to steal which is defined as an intent to permanently […]

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Robbery: Defense Theory That Force Was Incidental
September 21st, 2015

The question whether a crime was robbery or grand theft-person frequently arises. The Related Issues section cites a case noting that the force required for robbery must be more than the incidental touching necessary to take the property. (People v. Garcia (1996) 45 Cal. App. 4th 1242.) Where the issue of whether the force used […]

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When Is A Possession Of Property Owned By Another A Victim Of Robbery
September 18th, 2015

People v. Scott (2009) 45 Cal. 4th 743, 751-757, discussed the language in CC 1600 dealing with constructive possession of property by store employees. Scott disapproved the Court of Appeal’s opinion in People v. Frazer (2003) 106 Cal. App. 4th 1105, to the extent that Frazer found that courts should adopt a narrow view regarding […]

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Reasonableness Of Victim’s Fear: Request For Instruction As Defense Theory
September 14th, 2015

People v. Morehead (2011) 191 Cal. App. 4th 765, held that CC 1600 was not invalid for failing to instruct the jury that a robbery victim’s fear must be reasonable. Morehead simply held that the court does not have a sua sponte duty to instruct the jury that a robbery victim’s fear must be reasonable. […]

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No Sua Sponte Duty To Instruct On Defense Theory That Negates An Element Of The Offense; IAC For Failure To Request Defense Theory Instruction
February 9th, 2015

  People v. Hussain (2014) 231 Cal. App. 4th 261, 269-72, extended the holding of People v. Anderson (2011) 51 Cal.4th 989, 998 [trial courts do not have a duty to instruct sua sponte on the defense of accident] to a situation where the defendant relied claim of right to negate the felonious intent to […]

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CC 1600 Robbery: Intent To Apply Force Is Not An Element
March 30th, 2014

  People v. Anderson (2011) 51 Cal. 4th 989, 998-99, held, “the intent element of robbery does not include an intent to apply force against the victim or to cause the victim to feel fear. It is robbery if the defendant committed a forcible act against the victim motivated by the intent to steal, even […]

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Robbery: Constructive Possession Of Employer’s Property
January 20th, 2014

  The Advisory Committee on Criminal Jury Instructions revised CC 1600 in August, 2009, and stated:   The committee revised [CC No. 1600], Robbery, after the Supreme Court rendered its opinion in People v. Scott (2009) 45 Cal. 4th 743. The Scott case found that an employee on duty has constructive possession of the employer’s […]

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