Mai

accomplice during a robbery gone awry, Dung Van Mai complains of the trial court’s failure to modify CALJIC No. 8.12, challenges the constitutionality of CALJIC No. 2.90, and attacks the sufficiency of the evidence to support one of four convictions for attempted robbery. We agree CALJIC No. 8.12 is deficient in several respects and the court should have modified it as requested by the defense. But, finding no prejudice or other error, we affirm.

I

Posing as customers, Mai and Bao Lau browsed in 62-year-old Li Thi Nguyen’s fabric store for approximately 15 minutes. Then Mai grabbed Nguyen, placed a gun to her head, and dragged her toward the back office where her son, Quy Doc Nguyen, operated a gold business. Present in the office with Quy Doc were his brother, Thanh Quoc Nguyen, and Thanh Quoc’s nephew, Khoa Anh Nguyen. Three loaded handguns were hidden in the room, and the safe held the morning’s sizable gold purchase.

Mai and Nguyen entered the office, followed by Lau, who also brandished a pistol. Mai threatened to shoot all the victims. He hit and kicked Thanh Quoc and ordered him to lie on the floor. He roughly threw Nguyen, whom he had been striking with the…