CALCRIM No. 1601

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. Y ou 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