What is the difference between a prior robbery and the charged crime?

California, United States of America


The following excerpt is from People v. Humes, E057619 (Cal. App. 2015):

To be sure, the prior robbery and charged crimes shared some general similarities: each involved convenience stores located on street corners in Rialto; both crimes occurred on a Friday night around 11:30 p.m.; both involved getaway vehicles and three perpetrators; prior to each crime, two or three people were observed standing outside the stores; and the defendant used an alibi defense in both crimes. (People v. Rivera, supra, 41 Cal.3d at pp. 392-393.) But as the court explained, the dissimilarities between the prior robbery and the charged crimes were significant: for example, the prior robbery was an armed robbery, but the charged offense was a "'snatch' burglary plus a stabbing" and no guns were used; money was taken in the robbery, but only beer was taken in the burglary. (Id. at p. 393.) In holding it was error to admit the evidence of the prior robbery, the court pointed out that convenience stores are often on street corners and are

Page 18

Other Questions


When a defendant is charged with a similar crime to the charged crime, does the prior offence have to be proven to prove a common plan? (California, United States of America)
Can a defendant be convicted of an uncharged crime if, but only if, the un charged crime is necessarily included in the charged crime? (California, United States of America)
Is a charged crime a natural and probable consequence of the target crime if the charged crime was reasonably foreseeable? (California, United States of America)
Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)
Does a jury have to consider the fact that a defendant has been convicted of a prior felony prior to the robbery charge? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
Is there any difference between the charged crimes and the uncharged crimes? (California, United States of America)
Can appellant's prior convictions for assault and robbery be used as evidence for the purposes of the crime of robbery? (California, United States of America)
In what circumstances will a defendant be charged with the target crime of robbery as a natural and probable consequence of the crime? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.