People v. Lazocasanave CA4/3

INTRODUCTION

A jury convicted Eliana Mercedes Lazocasanave (Defendant) of one count of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (a)) and found to be true an enhancement allegation that Defendant personally used a deadly weapon (id., § 12022, subd. (b)(1)). The trial court sentenced Defendant to a prison term of two years, which was entirely offset by credit for actual days served and conduct credit. An element of the crime of robbery is the taking of another person’s property is accomplished by “force or fear.” (Pen. Code, § 211.) Fear is defined as subjective; that is, the robbery victim “‘was in fact afraid.’” (People v. Collins (2021) 65 Cal.App.5th 333, 341 (Collins).) Defendant argues the trial court erred by not instructing the jury, sua sponte, that an act is accomplished by fear if the other person is actually afraid. The trial court here instructed the jury on the elements of robbery with CALCRIM No. 1600 but without a revision, added in 2022, to clarify that fear means actual fear. CALCRIM No. 1600 as given by the trial court was not erroneous and did not omit an element or withdraw an element from the jury’s consideration. Defense counsel did not present…