California Court of Appeal

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

• Published 2016/01/29

Judges

• WILLHITE

Court

• California Court of Appeal

Counsel