California Court of Appeal

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People v. Aguilera, 261243

Conviction of second degree robbery of defendant's wife, Pen. Code section 211, and battery against her, section 243(e)(1), is affirmed where: 1) People v. Llamas (1997) 51 Cal.App.4th 1729, compels the conclusion that one spouse can be convicted of robbing the other of community property on a temporary taking theory; 2) the principles of separate and community property are immaterial to a robbery prosecution; and 3) instructions on those principles are unwarranted.

Appellate Information

  • Decided
  • Published 2016/01/29

Judges

  • WILLHITE

Court

  • California Court of Appeal

Counsel