When two or more people are in joint possession of a single item of personal property, can one person be convicted of robbery?

California, United States of America


The following excerpt is from People v. Clay, 153 Cal.App.3d 433, 200 Cal.Rptr. 269 (Cal. App. 1984):

We disagree. "When two or more persons are in joint possession of a single item of personal property, the person attempting to unlawfully take such property must deal with all such individuals. All must be placed in fear or forced to unwillingly give up possession. To the extent that any threat may provoke resistance, and thus increase the possibility of actual physical injury, a threat accompanied by a taking of property from the victims' possession is even more likely to provoke resistance. [p] We view the central element of the crime of robbery as the force or fear applied to the individual victim in order to deprive him of his property. Accordingly, if force or fear is applied to two victims in joint possession of property, two convictions of robbery are proper." (People v. Ramos (1982) 30 Cal.3d 553, 589, 180 Cal.Rptr. 266, 639 P.2d 908, rev'd. on other grounds, 463 U.S. 992, 103 S.Ct. 3446, 77 L.Ed.2d 1171.) No error appears.

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