Hutchinson

*139 *541 A jury convicted Louis James Hutchinson (Hutchinson) of five counts of first degree residential robbery and five counts of home invasion robbery. Hutchinson contends that a 15-year-old girl inside the residence at the time of the robbery-the homeowners' daughter-could not be deemed a victim of the robbery because she did not actually or constructively possess any of the stolen property. We disagree. Hutchinson also contends that his convictions on counts 1 through 5 must be vacated. We agree. In all other respects, the judgment is affirmed.

*542 BACKGROUND

I. Overview of Charges

Hutchinson and codefendants Kwan Smith (Smith) and Deavon Phillips (Phillips) were charged with five counts of first degree residential robbery ( Pen. Code, 1 § 211 ; counts 1-5) and five counts of home invasion robbery ( § 211 ; counts 6-10). 2 As to counts 6 through 10, the information alleged that Hutchinson, Smith and Phillips acted in concert and entered an inhabited dwelling house during the commission of the robbery. (§ 213, subd. (a)(1)(A).)

The information also alleged as to all counts that Hutchinson and Phillips personally used a Taser, (§ 12022, subd. (b)(1) ), as well as a…