California Criminal Jury Instructions (CALCRIM) (2017)

1601. Robbery in Concert

Download PDF
1601.Robbery in Concert (Pen. Code, § 213(a)(1)(A))
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]>] [in violation of Penal Code
section 213(a)(1)(A)].
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;
AND
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.]
New January 2006
1099
0009
BENCH NOTES
Instructional Duty
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].)
AUTHORITY
• 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].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Criminal Against
Property, § 86.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142,
Crimes Against the Person, § 142.10[3] (Matthew Bender).
CALCRIM No. 1601 ROBBERY AND CARJACKING
1100
0010