1601. Robbery in Concert
The defendant[s] [ <insert name[s] if not all defendants in trial charged with this count>] (is/are) charged [in Count ______] with robbery by acting in concert [with <insert name[s] or description[s] of uncharged participant[s]>].
To prove that a defendant is guilty of this crime, the People must prove that:
1. The defendant personally committed or aided and abetted a robbery;
2. When (he/ [or] she) did so, the defendant voluntarily acted with two or more other people who also committed or aided and abetted the commission of the robbery;
3. The robbery was committed in an inhabited (dwelling/ vessel/floating home/trailer coach/part of a building).
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.
[A dwelling includes any (structure/garage/office/ ) that is attached to the house and functionally connected with it.]
To decide whether the defendant[s] [or <insert name[s] or description[s] of uncharged participant[s]>] committed robbery, please refer to the separate instructions that I (will give/have given) you on that crime. To decide whether the defendant[s] [or <insert name[s] or description[s] of uncharged participant[s]>] aided and abetted robbery, please refer to the separate instructions that I (will give/have given) you on aiding and abetting. You must apply those instructions when you decide whether the People have proved robbery in concert.
<MAKE CERTAIN THAT ALL APPROPRIATE INSTRUCTIONS ON ROBBERY AND AIDING AND ABETTING ARE GIVEN.>
[To prove the crime of robbery in concert, the People do not have to prove a prearranged plan or scheme to commit robbery.]
The court has a sua sponte duty to give this instruction defining the elements of the crime.
The court must also give CALCRIM No. 1600, Robbery, and all necessary instructions on aiding and abetting (see CALCRIM Nos. 400-404).
If supported by the evidence, give on request the final bracketed paragraph regarding the lack of a prearranged plan. (See People v. Calimee (1975) 49 Cal.App.3d 337, 341-342 [122 Cal.Rptr. 658].)
Elements. Pen. Code, § 213(a)(1)(A).
Acting in Concert. People v. Adams (1993) 19 Cal.App.4th 412, 429, 444-446 [23 Cal.Rptr.2d 512]; People v. Caldwell (1984) 153 Cal.App.3d 947, 951-952 [200 Cal.Rptr. 508]; People v. Calimee (1975) 49 Cal.App.3d 337, 341-342 [122 Cal.Rptr. 658] [in context of sodomy in concert].
Inhabited. See Pen. Code, § 459; People v. Jackson (1992) 6 Cal.App.4th 1185, 1188 [8 Cal.Rptr.2d 239].
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes Against the Person, § 142.10 (Matthew Bender).
(New January 2006)