People v. Aguilera
Annotate this CaseDefendant was convicted of second degree robbery of his wife (a cell phone), and of misdemeanor battery against her, a lesser included offense of the charged corporal injury to a spouse. On appeal, defendant principally contends that when a robbery involves the taking of community property, the charged spouse cannot be guilty if the taking was committed with the intent only to temporarily, as opposed to permanently, deprive the other spouse of the property, because in such circumstances the charged spouse has not taken property not his or her own.The court held that properly understood, People v. Llamas compels the conclusion that one spouse can be convicted of robbing the other of community property on a temporary taking theory, that the principles of separate and community property are immaterial to a robbery prosecution, and that instructions on those principles are unwarranted. Accordingly, the court affirmed the judgment.
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